Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 53

Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 53

Because the Tribunal's principal decision was partially set aside on appeal, the original costs order has no basis and must also be set aside; costs should be reconsidered and re-determined by the Tribunal. No party is entitled to costs for the appeal or the withdrawn stay application, as further prosecution of the appeal became futile and no wasted costs were established.

Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Appeal / Costs Appeal Determination
Outcome
Tribunal's original costs order set aside; costs applications remitted to Tribunal; applications for costs of costs appeal and withdrawn stay dismissed.
Legal Topics
['costs' 'award of Costs' 'appeal Procedure']
['civil Procedure'] ['costs' 'award of Costs' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Costs Appeal Determination

Legal Issues

  1. 1 ['Whether costs orders made by Tribunal should stand after principal decision was set aside on appeal' 'Entitlement of parties to costs of costs appeal and costs associated with withdrawn stay application']

Ratio Decidendi

Because the Tribunal's principal decision was partially set aside on appeal, the original costs order has no basis and must also be set aside; costs should be reconsidered and re-determined by the Tribunal. No party is entitled to costs for the appeal or the withdrawn stay application, as further prosecution of the appeal became futile and no wasted costs were established.

Court Disposition

Tribunal's original costs order set aside; costs applications remitted to Tribunal; applications for costs of costs appeal and withdrawn stay dismissed.

Orders

  • ['A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Decision of Tribunal made on 25 January 2018 as to costs is set aside.' 'Any application for costs is to be reconsidered and re-determined by the original Tribunal Member, if available.' "Homeowner's...