Taylor Construction Group Pty Ltd v The Owners - Strata Plan No 92888 [2020] NSWCATAP 277

Taylor Construction Group Pty Ltd v The Owners - Strata Plan No 92888 [2020] NSWCATAP 277

Costs may be awarded to the successful Respondent on appeal as the amount in dispute exceeded $30,000, and the appeal rules allow such an order without special circumstances. The Appellants did not oppose, and the Respondent was entirely successful.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Outcome
Costs awarded to Respondent. Hearing on costs dispensed with.
Legal Topics
['costs' 'home Building' 'appeal']
['civil Procedure'] ['costs' 'home Building' 'appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether costs should be awarded to the Respondent following dismissal of appeal' 'Applicability of rules for awarding costs in appeals under the Civil & Administrative Tribunal Act 2013 (NSW) and relevant Rules']

Ratio Decidendi

Costs may be awarded to the successful Respondent on appeal as the amount in dispute exceeded $30,000, and the appeal rules allow such an order without special circumstances. The Appellants did not oppose, and the Respondent was entirely successful.

Court Disposition

Costs awarded to Respondent. Hearing on costs dispensed with.

Orders

  • ['A hearing on costs is dispensed with.' "The Appellants are to pay to the Respondent the Respondent's costs of the appeal on the ordinary basis as agreed or as assessed."]