Lewinsky v The Owners - Strata Plan No. 85312 [2021] NSWCATCD 163

Lewinsky v The Owners - Strata Plan No. 85312 [2021] NSWCATCD 163

There were special circumstances under s 60(2) of the NCAT Act, because Burbank and Gornoa unreasonably opposed the substantive relief and ultimately surrendered to applicants' position. Their opposition lacked a tenable basis given earlier consent to similar orders, and the change in position occurred without supervening circumstances. The applicants would have succeeded in the proceedings had they proceeded. These factors warranted the exercise of discretion to award costs in favour of the applicants.

Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Costs Application Following Strata Proceedings / Post Final Orders; Determination of Costs on the Papers
Outcome
Costs awarded to applicants; hearing on costs dispensed with.
Legal Topics
['costs' 'special Circumstances for Costs' 'appointment of Strata Managing Agent']
['strata Law' 'civil Procedure'] ['costs' 'special Circumstances for Costs' 'appointment of Strata Managing Agent']

Case Brief

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Procedural Posture

Costs Application Following Strata Proceedings / Post Final Orders; Determination of Costs on the Papers

Legal Issues

  1. 1 ['Whether there are special circumstances warranting an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) in favour of the applicants following settlement of substantive and interim strata management proceedings.']

Ratio Decidendi

There were special circumstances under s 60(2) of the NCAT Act, because Burbank and Gornoa unreasonably opposed the substantive relief and ultimately surrendered to applicants' position. Their opposition lacked a tenable basis given earlier consent to similar orders, and the change in position occurred without supervening circumstances. The applicants would have succeeded in the proceedings had they proceeded. These factors warranted the exercise of discretion to award costs in favour of the applicants.

Court Disposition

Costs awarded to applicants; hearing on costs dispensed with.

Orders

  • ['A hearing is dispensed with in relation to the costs of proceedings SC 20/22723 and proceedings SC 20/32508.' 'The second and third respondents (Burbank Montague Pty Ltd and Gornoa Pty Ltd) are to pay the costs of the first, second and third applicants of proceedings SC 20/22723 and SC 20/32508 as agreed or...