Pollack v The Owners – Strata Plan No 2834; The Owners – Strata Plan No 2834 v Pollack (No 2) [2019] NSWCATAP 293

Pollack v The Owners – Strata Plan No 2834; The Owners – Strata Plan No 2834 v Pollack (No 2) [2019] NSWCATAP 293

Although the amount in dispute on appeal exceeded $30,000, attracting the application of rule 38, the Tribunal exercised its discretion to refuse a costs order because the compensation issue occupied little time and did not substantially contribute to costs, while both parties achieved significant success on substantive issues.

Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Appeal / Application for Costs on Appeal
Outcome
Application for costs refused
Legal Topics
['costs on Appeal' 'exclusive Use Bylaw' 'compensation for Use of Common Property']
['property Law' 'strata/owners Corporations'] ['costs on Appeal' 'exclusive Use Bylaw' 'compensation for Use of Common Property']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Costs on Appeal

Legal Issues

  1. 1 ['Whether costs should be awarded following mixed outcomes on appeal involving strata bylaw interpretation, liability for sealing void, and compensation for use of disputed area']

Ratio Decidendi

Although the amount in dispute on appeal exceeded $30,000, attracting the application of rule 38, the Tribunal exercised its discretion to refuse a costs order because the compensation issue occupied little time and did not substantially contribute to costs, while both parties achieved significant success on substantive issues.

Court Disposition

Application for costs refused

Orders

  • ['The application for an order for costs of the appeals is refused.']