Rodny v Stricke (No. 2) [2018] NSWCATAP 188

Rodny v Stricke (No. 2) [2018] NSWCATAP 188

The Tribunal is functus officio and may only reconsider its decision in cases of administrative or similar error, which does not arise here. No special circumstances exist justifying an order for costs in respect of the substantive appeal. However, the appellants are to pay respondents' costs for the unsuccessful Bhardwaj application, as this was out of the ordinary and prolonged proceedings.

Parties
First Appellant: Laurence Rodny; Second Appellant: Communications Power Incorporated (Aust) Pty Ltd; First Respondent: Angela Stricke; Second Respondent: Helen Meddings; Third Respondent: Natalie Stoianoff; Fourth Respondent: David Kallaway; Fifth Respondent: Vlad Sofreski; Sixth Respondent: The Owners - Strata Plan No 56911
Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Appeal / Post Decision, Costs and Application to Re Open
Outcome
Application to reopen principal decision dismissed; Partial order for costs; Other costs applications dismissed.
Legal Topics
Functus Officio, Legal Representation in Tribunal, Costs—special Circumstances, Jurisdiction to Reconsider Decision
Administrative Law Costs Functus Officio Legal Representation in Tribunal Costs—special Circumstances Jurisdiction to Reconsider Decision

Case Brief

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Parties

Laurence Rodny

First Appellant

Communications Power Incorporated (Aust) Pty Ltd

Second Appellant

Angela Stricke

First Respondent

Helen Meddings

Second Respondent

Natalie Stoianoff

Third Respondent

David Kallaway

Fourth Respondent

Vlad Sofreski

Fifth Respondent

The Owners - Strata Plan No 56911

Sixth Respondent

Procedural Posture

Appeal / Post Decision, Costs and Application to Re Open

Legal Issues

  1. 1 Whether the Tribunal (Appeal Panel) is functus officio and can reopen its earlier decision under the Bhardwaj principle
  2. 2 Whether orders should be made for costs in relation to the appeal and the application to reopen
  3. 3 Whether special circumstances exist justifying a costs order

Ratio Decidendi

The Tribunal is functus officio and may only reconsider its decision in cases of administrative or similar error, which does not arise here. No special circumstances exist justifying an order for costs in respect of the substantive appeal. However, the appellants are to pay respondents' costs for the unsuccessful Bhardwaj application, as this was out of the ordinary and prolonged proceedings.

Court Disposition

Application to reopen principal decision dismissed; Partial order for costs; Other costs applications dismissed.

Orders

  • Hearings are dispensed with in relation to each party's cost application and the appellants' application of 6 June 2018 (s 50(2) Civil and Administrative Tribunal Act 2013 (NSW)).
  • The application that the Tribunal proceed to reopen its decision made 31 May 2018 is dismissed.