Islam v Javam 1147 [2019] NSWSC 1147

Islam v Javam 1147 [2019] NSWSC 1147

There was fault on both sides: the plaintiff should have perceived that the defendant accepted the Tribunal could deal with the credit for the $20,000 and continued in the Tribunal, while the defendant failed to articulate that position clearly until the matter reached this Court. Because both parties contributed to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Costs Determination in Supreme Court Proceedings Concerning an Appeal From a Local Court Transfer Decision / On the Papers After Written Submissions on Reserved Costs
Outcome
No order as to costs
Legal Topics
['no Order as to Costs' 'appeal From Local Court Transfer Decision' 'tribunal Jurisdiction' 'transfer to Civil and Administrative Tribunal of New South Wales']
['costs' 'civil Procedure'] ['no Order as to Costs' 'appeal From Local Court Transfer Decision' 'tribunal Jurisdiction' 'transfer to Civil and Administrative Tribunal of New South Wales']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Costs Determination in Supreme Court Proceedings Concerning an Appeal From a Local Court Transfer Decision / On the Papers After Written Submissions on Reserved Costs

Legal Issues

  1. 1 ["Whether costs should be ordered for the plaintiff's appeal to this Court after the question of costs was reserved." "Whether the plaintiff's appeal was unnecessary in circumstances where uncertainty existed about the Tribunal's jurisdiction to deal with a $20,000 loan claim." 'Whether conduct by both parties contributed to the unnecessary appeal.']

Ratio Decidendi

There was fault on both sides: the plaintiff should have perceived that the defendant accepted the Tribunal could deal with the credit for the $20,000 and continued in the Tribunal, while the defendant failed to articulate that position clearly until the matter reached this Court. Because both parties contributed to the unnecessary appeal, the appropriate order was no order as to costs.

Court Disposition

No order as to costs

Orders

  • ['No order as to costs of the proceedings in this Court.']