Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 (No 2) [2019] NSWCATAP 90
Because the substantive decision allowed the appeal, stated that the costs order in the Tribunal proceedings should be set aside, made it unnecessary to determine the cross appeal, and left costs to be determined on remitter, the Appeal Panel should have dismissed the cross appeal for completeness and did so pursuant to s 63 of the Act.
- Jurisdiction
- Australia
- Judgment Date
- 17 April 2019
- Procedural Posture
- Appeal and Cross Appeal / Further Order Pursuant to S 63 of the Civil and Administrative Tribunal Act 2013 (nsw)
- Outcome
- Application AP 18/52754 is dismissed.
- Legal Topics
- ['further Order Under S 63' 'dismissal of Cross Appeal' 'costs Order on Remitter']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal and Cross Appeal / Further Order Pursuant to S 63 of the Civil and Administrative Tribunal Act 2013 (nsw)
Legal Issues
- 1 ['Whether the cross appeal should be dismissed for completeness pursuant to s 63 after the substantive decision allowed the appeal and made it unnecessary to determine the cross appeal.']
Ratio Decidendi
Because the substantive decision allowed the appeal, stated that the costs order in the Tribunal proceedings should be set aside, made it unnecessary to determine the cross appeal, and left costs to be determined on remitter, the Appeal Panel should have dismissed the cross appeal for completeness and did so pursuant to s 63 of the Act.
Court Disposition
Application AP 18/52754 is dismissed.
Orders
- ['Application AP 18/52754 is dismissed.']
Full Case Text
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