Georgiev v The Owners – Strata Plan No. 71186 [2021] NSWCATCD 152

Georgiev v The Owners – Strata Plan No. 71186 [2021] NSWCATCD 152

Special circumstances existed because the applicants brought an unusually large number of claims, were wholly unsuccessful, and most claims were outside jurisdiction, misconceived, based on a flawed understanding of the SSMA or NCAT Act, or unsupported by evidence. The applicants were on notice of serious flaws in their case for months, did not narrow or correct it, and presented voluminous and confusing material that imposed unnecessary burden and cost on the respondents, contrary to the guiding principle in s 36. It was therefore fair and appropriate to order the applicants to pay the respondents' costs, and the costs issue could be determined on the papers because both parties...

Jurisdiction
Australia
Judgment Date
22 December 2021
Procedural Posture
Costs Application in Strata Scheme Proceedings / On the Papers After Dismissal of Substantive Application
Outcome
Costs application allowed; hearing on costs dispensed with; applicants ordered to pay the respondents' costs of and incidental to the proceedings.
Legal Topics
['special Circumstances for Costs' 'dispensing With a Hearing' 'ncat Costs Discretion' 'misconceived or Unsubstantiated Claims' 'duty to Facilitate Just, Quick and Cheap Resolution']
['civil Procedure' 'costs' 'strata Schemes'] ['special Circumstances for Costs' 'dispensing With a Hearing' 'ncat Costs Discretion' 'misconceived or Unsubstantiated Claims' 'duty to Facilitate Just, Quick and Cheap Resolution']

Case Brief

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Procedural Posture

Costs Application in Strata Scheme Proceedings / On the Papers After Dismissal of Substantive Application

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with under s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.' 'Whether there were special circumstances warranting an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013.' "Whether the Tribunal should exercise its discretion to order the applicants to pay the respondents' costs."]

Ratio Decidendi

Special circumstances existed because the applicants brought an unusually large number of claims, were wholly unsuccessful, and most claims were outside jurisdiction, misconceived, based on a flawed understanding of the SSMA or NCAT Act, or unsupported by evidence. The applicants were on notice of serious flaws in their case for months, did not narrow or correct it, and presented voluminous and confusing material that imposed unnecessary burden and cost on the respondents, contrary to the guiding principle in s 36. It was therefore fair and appropriate to order the applicants to pay the respondents' costs, and the costs issue could be determined on the papers because both parties...

Court Disposition

Costs application allowed; hearing on costs dispensed with; applicants ordered to pay the respondents' costs of and incidental to the proceedings.

Orders

  • ['A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.' "The applicants are to pay the respondents' costs of and incidental to the proceedings"]