Jones v The Owners – Strata Plan No. 93087 [2023] NSWCATCD 116

Jones v The Owners – Strata Plan No. 93087 [2023] NSWCATCD 116

A hearing on costs was unnecessary because all parties consented and the costs issues could be adequately determined on the written submissions. The Other Respondents did not establish circumstances justifying departure from the ordinary rule that each party bears its own costs: although aspects of the Applicants' case were untenable or lacking in substance, the application as a whole had a tenable basis and the Applicants were partially successful; the proceedings were not sufficiently complex or improperly conducted to warrant costs; the Owners Corporation's non-participation, any alleged failure to convene a meeting under s 237(6), and the relative quantum of costs did not constitute...

Jurisdiction
Australia
Judgment Date
21 September 2023
Procedural Posture
Costs Application in Strata Proceedings Concerning Appointment or Extension of a Compulsory Strata Manager / Determined on the Papers After Substantive Decision
Outcome
The parties' respective costs applications were dismissed and each party was ordered to pay its own costs of and incidental to the proceedings.
Legal Topics
['special Circumstances for Costs in Ncat' 'compulsory Strata Manager Under S 237 of the Strata Schemes Management Act 2015' 'dispensing With a Hearing' 'costs Against an Owners Corporation That Did Not Participate in Substantive Proceedings']
['costs' 'strata Schemes' 'civil Procedure'] ['special Circumstances for Costs in Ncat' 'compulsory Strata Manager Under S 237 of the Strata Schemes Management Act 2015' 'dispensing With a Hearing' 'costs Against an Owners Corporation That Did Not Participate in Substantive Proceedings']

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

Costs Application in Strata Proceedings Concerning Appointment or Extension of a Compulsory Strata Manager / Determined on the Papers After Substantive Decision

Legal Issues

  1. 1 ['Should an order be made dispensing with a hearing pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW)?' "Should the Applicants pay the Other Respondents' costs in the substantive proceedings on the ordinary basis?" "Should the Owners Corporation pay the Other Respondents' costs in the substantive proceedings on an indemnity or ordinary basis?" "Should the Other Respondents pay either or both of the applicants' costs of responding to the Other Respondents' costs application?"]

Ratio Decidendi

A hearing on costs was unnecessary because all parties consented and the costs issues could be adequately determined on the written submissions. The Other Respondents did not establish circumstances justifying departure from the ordinary rule that each party bears its own costs: although aspects of the Applicants' case were untenable or lacking in substance, the application as a whole had a tenable basis and the Applicants were partially successful; the proceedings were not sufficiently complex or improperly conducted to warrant costs; the Owners Corporation's non-participation, any alleged failure to convene a meeting under s 237(6), and the relative quantum of costs did not constitute...

Court Disposition

The parties' respective costs applications were dismissed and each party was ordered to pay its own costs of and incidental to the proceedings.

Orders

  • ['A hearing on the question of costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' "The parties' respective costs applications are dismissed." 'Each party is to pay its own costs of and incidental to the proceedings.']