The Owners SP 80881 v Gregg (No 2) [2022] NSWCATAP 227

As neither party objected and the appellant was unsuccessful, the appropriate exercise of Tribunal discretion is to order the appellant to pay the respondent's costs as agreed or as assessed.

Parties: Appellant: The Owners SP 80881; Respondent: Stephen Gregg
Jurisdiction: Australia
Judgment Date: 12 July 2022
Procedural Posture: Appeal / Costs Determination Following Substantive Appeal Decision
Outcome: Appeal Panel dispensed with hearing and ordered appellant to pay respondent's costs as agreed or as assessed.
Legal Topics: Appeals, Costs

Civil Procedure Appeals Costs

Case Brief

Summary, issues, holding and outcome

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Parties

The Owners SP 80881

Appellant

Stephen Gregg

Respondent

Procedural Posture

Appeal / Costs Determination Following Substantive Appeal Decision

Legal Issues

1 Whether costs should be awarded to the respondent following the dismissal of the appeal

Ratio Decidendi

As neither party objected and the appellant was unsuccessful, the appropriate exercise of Tribunal discretion is to order the appellant to pay the respondent's costs as agreed or as assessed.

Court Disposition

Appeal Panel dispensed with hearing and ordered appellant to pay respondent's costs as agreed or as assessed.

Orders

A hearing be dispensed with.
The appellant is to pay the respondent's costs as agreed or as assessed.