SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222

SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222

The late withdrawal of the appeal by the appellant unnecessarily disadvantaged the respondents and constitutes special circumstances under s 60(3)(a) of the NCAT Act, warranting an award of costs to the respondents.

Jurisdiction
Australia
Judgment Date
30 November 2017
Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Outcome
The appellant is to pay the costs of the respondents in the appeal in an amount agreed or as assessed.
Legal Topics
['costs' 'special Circumstances' 'indemnity Costs' 'appeal Withdrawal']
['civil Procedure'] ['costs' 'special Circumstances' 'indemnity Costs' 'appeal Withdrawal']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist warranting an award of costs under s 60 of the NCAT Act' 'Whether indemnity costs should be ordered after late withdrawal of appeal']

Ratio Decidendi

The late withdrawal of the appeal by the appellant unnecessarily disadvantaged the respondents and constitutes special circumstances under s 60(3)(a) of the NCAT Act, warranting an award of costs to the respondents.

Court Disposition

The appellant is to pay the costs of the respondents in the appeal in an amount agreed or as assessed.

Orders

  • ['Pursuant to section 50(2) of the Civil and Administrative Tribunal Act, a hearing is dispensed with.' 'The appellant is to pay the costs of the respondents in the appeal in an amount agreed or as assessed.']