The Owners – Strata Plan No 77559 v Touma; Touma v The Owners – Strata Plan No 77559 [2022] NSWCATAP 284

The Owners – Strata Plan No 77559 v Touma; Touma v The Owners – Strata Plan No 77559 [2022] NSWCATAP 284

Mr Touma was mainly successful in his appeal and the amount in dispute exceeded $30,000, so no special circumstances were required and a costs order should be made in his favour; the Owners Corporation's appeal did not meet the amount in dispute threshold, and no special circumstances were found, so each party pays their own costs; Tribunal can make a quarantining order under s 232(1) SSMA so that Mr Touma's lots are not charged for the costs awarded to him.

Jurisdiction
Australia
Judgment Date
31 August 2022
Procedural Posture
Internal Appeal / Costs Determination After Appeal Decision
Outcome
Costs awarded to Mr Touma on his appeal (as agreed or assessed, not from levies on his own lots); no order as to costs on Owners Corporation’s appeal (each party pays own costs); oral hearing on costs dispensed with.
Legal Topics
['costs' 'appeal' 'work Orders' 'levy Contributions']
['strata Law' 'civil Procedure'] ['costs' 'appeal' 'work Orders' 'levy Contributions']

Case Brief

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Procedural Posture

Internal Appeal / Costs Determination After Appeal Decision

Legal Issues

  1. 1 ['Whether an award of costs should be made in relation to each appeal' 'Whether special circumstances must be established for a costs order' 'Whether Tribunal can make a quarantining order for levies under s 90 or s 232(1) of the Strata Schemes Management Act 2015 (NSW)']

Ratio Decidendi

Mr Touma was mainly successful in his appeal and the amount in dispute exceeded $30,000, so no special circumstances were required and a costs order should be made in his favour; the Owners Corporation's appeal did not meet the amount in dispute threshold, and no special circumstances were found, so each party pays their own costs; Tribunal can make a quarantining order under s 232(1) SSMA so that Mr Touma's lots are not charged for the costs awarded to him.

Court Disposition

Costs awarded to Mr Touma on his appeal (as agreed or assessed, not from levies on his own lots); no order as to costs on Owners Corporation’s appeal (each party pays own costs); oral hearing on costs dispensed with.

Orders

  • ['In relation to both appeals, an oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' "In relation to the Owners Corporation's appeal, each party is to pay their own costs." "In relation to Mr Touma's appeal, the Owners – Strata Plan No 77559...