8 Jun 2016
The court declined to award costs because settlement by substitution of parties disposed of the appeal without determining the points of appeal, neither party prevailed, and public policy favours encouraging such pragmatic resolutions; late offers or concessions did not justify an uplift or awarding costs to either side.
29 Apr 2016
The appeal was validly withdrawn under the Discontinuance rules (Part 15) without leave; the court retained discretion to award costs and, given the appellant’s lack of diligence and resultant prejudice to the third party, ordered the appellant to pay $750 to the second respondent as a reasonable contribution to costs.
12 Sept 2013
The presumption in favour of costs on discontinuance was not rebutted because respondents had to incur resources to meet the appeal and were not responsible for the council's change of policy; accordingly costs were awarded at a reduced amount below scale and a filing fee was ordered.
27 Mar 2013
The appellant withdrew the appeal and failed to engage with the costs process; the first respondent's itemised claim and use of category 2 band B rates were appropriate in the circumstances; accordingly the appellant was ordered to pay costs of $6,392 to the first respondent and payment was directed to be made from funds held for the Estate of Frederick Arthur Pearce by Ellice Tanner pursuant to the irrevocable undertaking.
22 Feb 2012
The application to reinstate was declined because Rule 12.6 affords only limited reinstatement powers (principally for non‑appearance), the appeal had been voluntarily withdrawn by the applicant, there was no evidence the withdrawal was caused by ill‑health, the delay was substantial and unjustified, there was no specialist medical evidence supporting the core treatment‑injury issue, and the appeal had little prospect of success.
10 Jun 2010
The appeal was withdrawn by consent of the parties following completion of further medical assessments and an agreement to settle the issues; the court recorded the withdrawal and did not decide the substantive entitlement issues.
2 May 2007
The court accepted the appellant's counsel's request and recorded the appeal as withdrawn.
2 May 2007
The court recorded and gave effect to the appellant's counsel's request to withdraw the appeal.
24 Apr 2007
The appeal was withdrawn because the parties settled and the appellant, through counsel, requested the withdrawal which the Court recorded.
17 Apr 2007
The court accepted the appellant's request and recorded that the appeal is withdrawn.