Terranian Building Group Pty Limited v Snaith [2022] NSWCATAP 271

Terranian Building Group Pty Limited v Snaith [2022] NSWCATAP 271

The withdrawal of the appeal by the appellant amounted to a capitulation, and as the amount claimed exceeded $30,000 under Rule 38(2)(b) of the NCAT Rules, the respondent is entitled to an award of costs of the appeal on a party/party basis, as agreed or assessed.

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Appeal / Costs Application After Withdrawal of Appeal
Outcome
Appellant ordered to pay respondent's costs of the appeal
Legal Topics
['costs' 'appeals' 'home Building Law']
['civil Procedure'] ['costs' 'appeals' 'home Building Law']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Application After Withdrawal of Appeal

Legal Issues

  1. 1 ["Whether the respondent is entitled to costs following the appellant's withdrawal of the appeal" 'Proper basis for awarding costs in internal appeal proceedings in NCAT']

Ratio Decidendi

The withdrawal of the appeal by the appellant amounted to a capitulation, and as the amount claimed exceeded $30,000 under Rule 38(2)(b) of the NCAT Rules, the respondent is entitled to an award of costs of the appeal on a party/party basis, as agreed or assessed.

Court Disposition

Appellant ordered to pay respondent's costs of the appeal

Orders

  • ["The Appellant, Terranian Building Group Pty Limited, is to pay the Respondent's costs of the appeal on a party/party basis as agreed or assessed."]