Margaret Baker-Crooks v Stephen and Allison Burnett [2014] NSWCATCD 136

Margaret Baker-Crooks v Stephen and Allison Burnett [2014] NSWCATCD 136

The costs threshold in s 192 was not met. The appeal involved a genuine dispute, was not outside jurisdiction, was not shown on the material before the Tribunal to be misconceived, and the allegation that evidence was fabricated could not be accepted without effectively conducting a hearing and potentially viewing witnesses under cross-examination. The appeal was therefore dismissed following withdrawal, with no order as to costs.

Jurisdiction
Australia
Judgment Date
23 July 2014
Procedural Posture
Strata Appeal / Decision on the Papers After the Appellant Advised Withdrawal of the Appeal, Concerning Dismissal of the Proceedings and the Respondents' Costs Application
Outcome
The appeal is dismissed with no order as to costs.
Legal Topics
['withdrawal of Strata Appeal' 'dismissal of Proceedings' 'costs Under S 192' 'by Laws and Noise Transmission' 'common Property Orders']
['strata Law' 'civil Procedure' 'costs'] ['withdrawal of Strata Appeal' 'dismissal of Proceedings' 'costs Under S 192' 'by Laws and Noise Transmission' 'common Property Orders']

Case Brief

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Procedural Posture

Strata Appeal / Decision on the Papers After the Appellant Advised Withdrawal of the Appeal, Concerning Dismissal of the Proceedings and the Respondents' Costs Application

Legal Issues

  1. 1 ["Whether the Tribunal should give effect to the appellant's withdrawal by dismissing the appeal" 'Whether the respondents should receive a costs order after the appellant withdrew the appeal' 'Whether the appeal was frivolous, vexatious, misconceived or lacking in substance' "Whether a decision in favour of the appellant was outside the Tribunal's jurisdiction"]

Ratio Decidendi

The costs threshold in s 192 was not met. The appeal involved a genuine dispute, was not outside jurisdiction, was not shown on the material before the Tribunal to be misconceived, and the allegation that evidence was fabricated could not be accepted without effectively conducting a hearing and potentially viewing witnesses under cross-examination. The appeal was therefore dismissed following withdrawal, with no order as to costs.

Court Disposition

The appeal is dismissed with no order as to costs.

Orders

  • ['The appeal is dismissed with no order as to costs.']