STANTON v REIBELT [1997] NSWCA 292

The appellant's failure to comply with filing deadlines for the Appeal Books, without proper communication to the respondents or the court, justified orders that the appellant pay the respondent's costs of the default appointments and the Notice of Motion to strike out the appeal.

Parties: Appellant: Stanton; Respondent: Reibelt
Jurisdiction: Australia
Judgment Date: 22 September 1997
Procedural Posture: Appeal / Costs Determination After Interlocutory Motions
Outcome: Appellant ordered to pay respondent's costs of default appointments, Notice of Motion, and the day of hearing.
Legal Topics: Costs, Appeal Proceedings, Default Appointments, Non Compliance With Court Directions

Civil Procedure Costs Appeal Proceedings Default Appointments Non Compliance With Court Directions

Case Brief

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Parties

Stanton

Appellant

Reibelt

Respondent

Procedural Posture

Appeal / Costs Determination After Interlocutory Motions

Legal Issues

1 Who should bear the costs of default appointments caused by failure to file appeal books?
2 Whether respondents were entitled to costs of a Notice of Motion to strike out the appeal for want of prosecution.

Ratio Decidendi

Court Disposition

Appellant ordered to pay respondent's costs of default appointments, Notice of Motion, and the day of hearing.

Orders

Appellant to pay respondent's costs of default appointments on 21 November 1996 and 5 December 1996.
Appellant to pay respondent's costs of the Notice of Motion filed 19 February 1997 until the Amended Notice of Motion was filed.