Steele Associates Pty Ltd v Downie (No 2) [2021] NSWCATAP 300

The Appeal Panel awarded costs to the respondents (homeowners) because the amount in dispute exceeded $30,000; under Rule 38(2)(b) and Rule 38A, costs may be awarded without special circumstances. The successful party was entitled to costs and there was no reason to depart from the usual order.

Jurisdiction: Australia
Judgment Date: 05 October 2021
Procedural Posture: Internal Appeal / Costs Determination Following Dismissal of Appeal
Outcome: Appellant to pay respondent's costs in the appeal, as agreed or assessed
Legal Topics: ['costs' 'home Building Disputes']

['civil Procedure'] ['costs' 'home Building Disputes']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

1 ['Whether costs should be awarded to the successful party in an internal appeal' 'Whether special circumstances are required for a costs order under s 60 of the Civil and Administrative Tribunal Act 2013' 'Whether rule 38 and rule 38A of the Civil and Administrative Tribunal Rules 2014 apply']

Ratio Decidendi

Court Disposition

Appellant to pay respondent's costs in the appeal, as agreed or assessed

Orders

['An oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)' 'The appellant is to pay the costs of the respondent in the appeal, as agreed or assessed']