Dimitropoulos v Capitol Constructions Pty Ltd; Capitol Constructions Pty Ltd v Dimitropoulos (No 2) [2018] NSWCATAP 148

Dimitropoulos v Capitol Constructions Pty Ltd; Capitol Constructions Pty Ltd v Dimitropoulos (No 2) [2018] NSWCATAP 148

The Panel exercised its discretion to award Capitol Constructions costs for hearing days and thrown away costs directly attributable to the homeowners' procedural conduct, but otherwise ordered each party to bear their own costs due to both having partial success.

Parties
Appellant: Spiro Dimitropoulos; Appellant: Anna Dimitropoulos; Respondent: Capitol Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Internal Appeal / Disposition of Application for Costs Post Appeal
Outcome
costs application granted in part
Legal Topics
Costs, Appeal, Cross Appeal
Civil Procedure Costs Appeal Cross Appeal

Case Brief

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Parties

Spiro Dimitropoulos

Appellant

Anna Dimitropoulos

Appellant

Capitol Constructions Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Disposition of Application for Costs Post Appeal

Legal Issues

  1. 1 Appropriate order for costs following appeal and cross-appeal where both parties have partial success
  2. 2 Whether specific costs should be awarded regarding amendments to appeals and additional hearing days

Ratio Decidendi

The Panel exercised its discretion to award Capitol Constructions costs for hearing days and thrown away costs directly attributable to the homeowners' procedural conduct, but otherwise ordered each party to bear their own costs due to both having partial success.

Court Disposition

costs application granted in part

Orders

  • The hearing of the application for costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013.
  • Mr and Mrs Dimitroplous are to pay the costs of Capitol Constructions Pty Ltd in preparing for and attending the hearings on 21 October 2016 and 30 May 2017, together with the costs thrown away by reason of amendments to the Notice of Appeal, as agreed or assessed on an ordinary basis.