Tak Roofing Pty Ltd v Mickelson [2023] NSWCATAP 208

Tak Roofing Pty Ltd v Mickelson [2023] NSWCATAP 208

Withdrawal of the appeal without explanation constitutes capitulation, displacing the usual rule as to costs, and entitles respondent to costs of the appeal on the ordinary basis; insufficient evidence to fix a lump sum.

Jurisdiction
Australia
Judgment Date
28 July 2023
Procedural Posture
Appeal / Costs Determination After Appeal Withdrawal
Outcome
Respondent awarded costs of the appeal; hearing dispensed with.
Legal Topics
['costs of Appeal' 'capitulation' 'civil and Administrative Tribunal Procedure']
['costs'] ['costs of Appeal' 'capitulation' 'civil and Administrative Tribunal Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Costs Determination After Appeal Withdrawal

Legal Issues

  1. 1 ['Whether costs should be awarded where appeal withdrawn without explanation' 'Whether usual rule as to costs displaced by rr 38 & 38A Civil and Administrative Tribunal Rules 2014 (NSW)' 'Whether sufficient evidence for costs order in a fixed sum']

Ratio Decidendi

Withdrawal of the appeal without explanation constitutes capitulation, displacing the usual rule as to costs, and entitles respondent to costs of the appeal on the ordinary basis; insufficient evidence to fix a lump sum.

Court Disposition

Respondent awarded costs of the appeal; hearing dispensed with.

Orders

  • ['A hearing of the application in respect of costs is dispensed with.' "The Appellant is to pay the Respondent's costs of the appeal."]