Veroc Pty Ltd v Evaross Pty Ltd [2017] NSWCATAP 57

Veroc Pty Ltd v Evaross Pty Ltd [2017] NSWCATAP 57

The appellant was wholly unsuccessful on the appeal and the parties agreed that costs should follow the event. The orders concerning distribution of money held by the respondent's solicitor were necessary to bring finality to the appeal and proceedings and arose from the same circumstances, so it was not appropriate to dissect those costs. The respondent was not to be criticised for filing submissions addressing the applicable costs provisions where the appellant had not shown that it offered to pay the costs of the appeal. Therefore, the appellant should pay the respondent's costs of the appeal as agreed or assessed.

Jurisdiction
Australia
Judgment Date
13 March 2017
Procedural Posture
Costs Decision in an Appeal Concerning Home Building Proceedings / Appeal Panel Determination of Costs After the Appeal Was Dismissed
Outcome
The respondent was awarded its costs of the appeal.
Legal Topics
['costs on Appeal' 'ncat Costs Discretion' 'consent Orders' 'home Building Works']
['costs' 'civil Procedure' 'home Building'] ['costs on Appeal' 'ncat Costs Discretion' 'consent Orders' 'home Building Works']

Case Brief

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Procedural Posture

Costs Decision in an Appeal Concerning Home Building Proceedings / Appeal Panel Determination of Costs After the Appeal Was Dismissed

Legal Issues

  1. 1 ["Whether the appellant should pay the respondent's costs of the appeal as agreed or assessed." "Whether costs relating to orders 2, 3 and 4 concerning money held by the respondent's solicitor should be excluded from the costs order." 'Whether costs of the submissions on costs should be excluded from the costs order.']

Ratio Decidendi

The appellant was wholly unsuccessful on the appeal and the parties agreed that costs should follow the event. The orders concerning distribution of money held by the respondent's solicitor were necessary to bring finality to the appeal and proceedings and arose from the same circumstances, so it was not appropriate to dissect those costs. The respondent was not to be criticised for filing submissions addressing the applicable costs provisions where the appellant had not shown that it offered to pay the costs of the appeal. Therefore, the appellant should pay the respondent's costs of the appeal as agreed or assessed.

Court Disposition

The respondent was awarded its costs of the appeal.

Orders

  • ["The appellant is to pay the respondent's costs of the appeal as agreed or assessed."]