Casuscelli v Community Association DP 270482; Shonroo Pty Ltd v Community Association DP 270482 (No 2) [2019] NSWCATAP 288

Casuscelli v Community Association DP 270482; Shonroo Pty Ltd v Community Association DP 270482 (No 2) [2019] NSWCATAP 288

Special circumstances warranted a limited costs order because the respondent had no tenable basis to resist the appellants' ultimate position on the newly raised matters, particularly given the fundamental failure to obtain Council approval for the by-law amendments. Costs were confined to the newly raised matters considered at the appeal hearing and did not include costs of the original appeal formulation that was abandoned. The Community Management Statement provided by the respondent's solicitor reflected the orders previously made and satisfied the obligation to produce short minutes of order.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Appeal Concerning Community Association by Laws / Costs and Final Form of Orders After Appeal Decision
Outcome
The respondent's proposed Community Management Statement was accepted as satisfying the short minutes obligation, and limited costs were awarded to the appellants.
Legal Topics
['costs in Tribunal Proceedings' 'special Circumstances for Costs' 'short Minutes of Order' 'community Management Statement' 'by Laws']
['civil and Administrative Law' 'costs' 'community Title'] ['costs in Tribunal Proceedings' 'special Circumstances for Costs' 'short Minutes of Order' 'community Management Statement' 'by Laws']

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Procedural Posture

Appeal Concerning Community Association by Laws / Costs and Final Form of Orders After Appeal Decision

Legal Issues

  1. 1 ['Whether the version of the Community Management Statement produced by the respondent reflected the orders made and satisfied the obligation to produce short minutes of order.' 'Whether special circumstances warranted a costs order in favour of the appellants under section 60 of the Civil and Administrative Tribunal Act 2013.' 'What amount of costs should be awarded to Shonroo Pty Ltd and Charles Casuscelli.']

Ratio Decidendi

Special circumstances warranted a limited costs order because the respondent had no tenable basis to resist the appellants' ultimate position on the newly raised matters, particularly given the fundamental failure to obtain Council approval for the by-law amendments. Costs were confined to the newly raised matters considered at the appeal hearing and did not include costs of the original appeal formulation that was abandoned. The Community Management Statement provided by the respondent's solicitor reflected the orders previously made and satisfied the obligation to produce short minutes of order.

Court Disposition

The respondent's proposed Community Management Statement was accepted as satisfying the short minutes obligation, and limited costs were awarded to the appellants.

Orders

  • ['The version of the Community Management Statement of the respondent Association attached to email communication from Mr Warwick Van Ede solicitor to this Tribunal dated 30 September, 2019 reflects the orders made by us and satisfies the obligations of the parties to produce short minutes of order.' 'The respondent...