Trajkovski v Harrison (No. 2) [2023] NSWCATAP 228

The volume and irrelevance of material lodged by the appellants and their expansive, unpersuasive submissions constituted special circumstances warranting an order for costs against the appellants.

Jurisdiction: Australia
Judgment Date: 15 August 2023
Procedural Posture: Appeal / Post Dismissal Costs Determination
Outcome: Appellants ordered to pay costs to first to third respondents
Legal Topics: ['special Circumstances Warranting Costs Order' 'appeals in Strata Schemes' 'conduct of Appeals']

['costs'] ['special Circumstances Warranting Costs Order' 'appeals in Strata Schemes' 'conduct of Appeals']

Case Brief

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Procedural Posture

Appeal / Post Dismissal Costs Determination

Legal Issues

1 ['Whether special circumstances warranting costs order exist under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

The volume and irrelevance of material lodged by the appellants and their expansive, unpersuasive submissions constituted special circumstances warranting an order for costs against the appellants.

Court Disposition

Appellants ordered to pay costs to first to third respondents

Orders

['A hearing of the costs application is dispensed with.' "The Appellants are to pay the first to third Respondents' costs of the appeal."]