Edwards v CohenHandler Pty Ltd (No. 2) [2017] NSWCATAP 81

Edwards v CohenHandler Pty Ltd (No. 2) [2017] NSWCATAP 81

Special circumstances warranted a costs order because the respondent had been exposed to a second round of litigation after succeeding below, the appeal was unsuccessful, some grounds concerning the exercise of discretion and adequacy of reasons were weak and widened the practical scope and complexity of the appeal, and the earlier letter attempting to bring the proceedings to an end was a minor factor favouring costs.

Jurisdiction
Australia
Judgment Date
06 April 2017
Procedural Posture
Costs of Appeal / On the Papers After Dismissal of the Appeal; Respondent's Application for Costs
Outcome
Costs application granted.
Legal Topics
['special Circumstances Warranting Costs' 'appeal Costs' 'functus Officio' 'offers of Compromise' 'calderbank Offer' 'exercise of Discretion']
['costs' 'civil Procedure' 'tribunal Procedure'] ['special Circumstances Warranting Costs' 'appeal Costs' 'functus Officio' 'offers of Compromise' 'calderbank Offer' 'exercise of Discretion']

Case Brief

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Procedural Posture

Costs of Appeal / On the Papers After Dismissal of the Appeal; Respondent's Application for Costs

Legal Issues

  1. 1 ['Whether special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 warranted an award of costs of the appeal in favour of CohenHandler Pty Ltd.' 'Whether the relative strength of the appeal grounds, the nature and complexity of the appeal, the earlier costs order, and the letter said to be a Calderbank offer supported a costs order.']

Ratio Decidendi

Special circumstances warranted a costs order because the respondent had been exposed to a second round of litigation after succeeding below, the appeal was unsuccessful, some grounds concerning the exercise of discretion and adequacy of reasons were weak and widened the practical scope and complexity of the appeal, and the earlier letter attempting to bring the proceedings to an end was a minor factor favouring costs.

Court Disposition

Costs application granted.

Orders

  • ["That the appellants pay the respondents' costs of the appeal, as agreed or assessed."]