Augustus v Mohammed (No.2) [2016] NSWCATAP 165

Special circumstances justify an award of costs in favour of the respondents due to the manner in which the appellants conducted the appeal, but there was not sufficient misconduct to warrant indemnity costs.

Jurisdiction: Australia
Judgment Date: 26 July 2016
Procedural Posture: Appeal / Decision on Costs Following Dismissal of Appeal
Outcome: Appellants ordered to pay respondents' costs of the appeal as agreed or assessed.
Legal Topics: ['costs' 'special Circumstances' 'indemnity Costs' 'appeal Costs' 'building Disputes']

['civil Procedure'] ['costs' 'special Circumstances' 'indemnity Costs' 'appeal Costs' 'building Disputes']

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Procedural Posture

Appeal / Decision on Costs Following Dismissal of Appeal

Legal Issues

1 ['Whether the respondents are entitled to an order for costs of the appeal against the appellants, and, if so, whether the costs should be awarded on an indemnity basis.']

Ratio Decidendi

Court Disposition

Appellants ordered to pay respondents' costs of the appeal as agreed or assessed.

Orders

["The appellants are to pay the respondents' costs of this appeal as agreed or assessed."]