Harasty v The Owners- Strata Plan No.13031, No.2 [2023] NSWCATAP 280

Harasty v The Owners- Strata Plan No.13031, No.2 [2023] NSWCATAP 280

Special circumstances justifying a costs order existed, given additional costs incurred due to the late withdrawal of serious and irrelevant allegations by Mr Harasty after a clear warning, and the relative strength of the Owners' case exceeded that of Mr Harasty.

Jurisdiction
Australia
Judgment Date
19 October 2023
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Costs Respondent to pay 50% of Costs Applicant's costs of the appeal as agreed or assessed.
Legal Topics
['costs of Appeal' 'special Circumstances for Costs' 'strata Law']
['civil Procedure'] ['costs of Appeal' 'special Circumstances for Costs' 'strata Law']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to justify a costs order under section 60 of the Civil and Administrative Tribunal Act 2013 (NSW) in the context of the appeal' 'Appropriate proportion of costs payable by the Costs Respondent']

Ratio Decidendi

Special circumstances justifying a costs order existed, given additional costs incurred due to the late withdrawal of serious and irrelevant allegations by Mr Harasty after a clear warning, and the relative strength of the Owners' case exceeded that of Mr Harasty.

Court Disposition

Costs Respondent to pay 50% of Costs Applicant's costs of the appeal as agreed or assessed.

Orders

  • ['A hearing on costs is dispensed with in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013.' "The Costs Respondent is to pay 50% of the Costs Applicant's costs of the appeal as agreed or assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal...