Liang v Wincrest Group Pty Ltd (No 2) [2020] NSWCATAP 68

Liang v Wincrest Group Pty Ltd (No 2) [2020] NSWCATAP 68

The Appeal Panel was not persuaded that the appellants' circumstances, in the absence of supporting evidence, justified departing from the usual rule that unsuccessful parties pay the costs of successful parties. There was no evidence of disentitling conduct by the respondent. Accordingly, the appellants are ordered to pay the respondent's costs of the appeal.

Jurisdiction
Australia
Judgment Date
28 April 2020
Procedural Posture
Appeal / Post Appeal Costs Determination
Outcome
Respondent awarded costs; hearing on costs dispensed with
Legal Topics
['costs' 'appeal Dismissed']
['civil Procedure'] ['costs' 'appeal Dismissed']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 ["Whether the appellants should pay the respondent's costs of the appeal" 'Whether a hearing on the question of costs should be dispensed with']

Ratio Decidendi

The Appeal Panel was not persuaded that the appellants' circumstances, in the absence of supporting evidence, justified departing from the usual rule that unsuccessful parties pay the costs of successful parties. There was no evidence of disentitling conduct by the respondent. Accordingly, the appellants are ordered to pay the respondent's costs of the appeal.

Court Disposition

Respondent awarded costs; hearing on costs dispensed with

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs of the appeal is dispensed with.' "The appellants are to pay the respondent's costs of the appeal as agreed or assessed."]