Grasso v The Owners Strata Plan No. 52399 [2022] NSWCATAP 91

Grasso v The Owners Strata Plan No. 52399 [2022] NSWCATAP 91

The respondent did not establish special circumstances warranting a costs order. The Appeal Panel could not conclude that the withdrawn appeal was hopeless, the appellant had not capitulated but reassessed its position after negotiations, there was no evidence that the appellant unnecessarily disadvantaged the respondent, unreasonably prolonged the proceedings, advanced an untenable claim, brought unusually complex proceedings, or acted frivolously, vexatiously, misconceivedly, capriciously or unreasonably. The usual rule that each party bears its own costs therefore applied.

Jurisdiction
Australia
Judgment Date
30 March 2022
Procedural Posture
Appeal Costs Application / Appeal Withdrawn; Respondent's Application for Costs Determined on the Papers
Outcome
The respondent's application for costs was dismissed and a hearing of the costs application was dispensed with.
Legal Topics
['costs in Ncat' 'special Circumstances for Costs' 'withdrawn Appeal' 'strata Schemes Management']
['civil Procedure' 'administrative Law' 'strata Law'] ['costs in Ncat' 'special Circumstances for Costs' 'withdrawn Appeal' 'strata Schemes Management']

Case Brief

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Procedural Posture

Appeal Costs Application / Appeal Withdrawn; Respondent's Application for Costs Determined on the Papers

Legal Issues

  1. 1 ['Whether a hearing of the costs application should be dispensed with.' 'Whether special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to warrant an award of costs after the appeal was withdrawn.' "Whether the appellant's conduct, the strength of the appeal, the complexity of the proceedings, or the nature of the appeal justified departing from the usual rule that each party pays its own costs."]

Ratio Decidendi

The respondent did not establish special circumstances warranting a costs order. The Appeal Panel could not conclude that the withdrawn appeal was hopeless, the appellant had not capitulated but reassessed its position after negotiations, there was no evidence that the appellant unnecessarily disadvantaged the respondent, unreasonably prolonged the proceedings, advanced an untenable claim, brought unusually complex proceedings, or acted frivolously, vexatiously, misconceivedly, capriciously or unreasonably. The usual rule that each party bears its own costs therefore applied.

Court Disposition

The respondent's application for costs was dismissed and a hearing of the costs application was dispensed with.

Orders

  • ['A hearing of the costs application is dispensed with.' "The respondent's application for costs be dismissed."]