Leung v Alexakis (No 2) [2018] NSWCATAP 78

Leung v Alexakis (No 2) [2018] NSWCATAP 78

Although both parties had some success on different issues, the respondent was predominantly successful as the appellants' main claim failed; thus the respondent is entitled to 75% of the costs of the appeal, to be agreed or assessed.

Parties
Appellant: Wilfred Leung; Appellant: Sio Hung Lo; Respondent: Angela Alexakis
Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Appeal / Costs Determination Following Orders on Appeal
Outcome
Partial award of costs to respondent
Legal Topics
Costs, Discretion to Award Costs, Home Building Act
Civil Procedure Administrative Law Costs Discretion to Award Costs Home Building Act

Case Brief

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Parties

Wilfred Leung

Appellant

Sio Hung Lo

Appellant

Angela Alexakis

Respondent

Procedural Posture

Appeal / Costs Determination Following Orders on Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to a costs order against the appellants for the appeal
  2. 2 Whether extension of time for lodging a costs application should be granted
  3. 3 How the discretion to award costs should be exercised under the Civil and Administrative Tribunal Act and related rules

Ratio Decidendi

Although both parties had some success on different issues, the respondent was predominantly successful as the appellants' main claim failed; thus the respondent is entitled to 75% of the costs of the appeal, to be agreed or assessed.

Court Disposition

Partial award of costs to respondent

Orders

  • A hearing of the respondent's costs application is dispensed with pursuant to s 50(2) Civil and Administrative Tribunal Act 2013 (NSW).
  • Time for respondent to lodge application for costs extended to 22 January 2018.