de Tarle v Newland (Costs) [2022] NSWCATAP 240

de Tarle v Newland (Costs) [2022] NSWCATAP 240

The appellant failed to establish special circumstances warranting a costs order under s 60. The first respondent withdrew the removal application after the appellant was not re-elected to the strata committee, an intervening circumstance outside her control that made the proceedings redundant. The withdrawal was reasonable and not a surrender or capitulation. The appellant's challenge to the merits and motivations behind the original application would require reviewing extensive evidence and resolving disputed facts, which the Appeal Panel declined to do for a costs application.

Jurisdiction
Australia
Judgment Date
20 July 2022
Procedural Posture
Internal Appeal Concerning Costs in NCAT Strata Proceedings / Appeal Panel Redetermination of Costs Application on the Papers
Outcome
The application for an award of costs is dismissed.
Legal Topics
['special Circumstances for Costs in Ncat' 'withdrawal of Proceedings After Intervening Event' 'frivolous or Vexatious Proceedings' 'procedural Fairness in Costs Determination']
['civil Procedure' 'costs' 'strata Schemes' 'administrative Law'] ['special Circumstances for Costs in Ncat' 'withdrawal of Proceedings After Intervening Event' 'frivolous or Vexatious Proceedings' 'procedural Fairness in Costs Determination']

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Procedural Posture

Internal Appeal Concerning Costs in NCAT Strata Proceedings / Appeal Panel Redetermination of Costs Application on the Papers

Legal Issues

  1. 1 ['Whether there were special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).' "Whether the first respondent's withdrawal of the application after the appellant was not re-elected to the strata committee was unreasonable, a surrender, or a capitulation." 'Whether the original application to remove the appellant from the strata committee was frivolous, vexatious, lacking in substance, or had no tenable basis in fact or law.' 'Whether the Appeal Panel should examine disputed factual matters and motivations underlying the commenced strata proceedings for the purpose of determining costs.']

Ratio Decidendi

The appellant failed to establish special circumstances warranting a costs order under s 60. The first respondent withdrew the removal application after the appellant was not re-elected to the strata committee, an intervening circumstance outside her control that made the proceedings redundant. The withdrawal was reasonable and not a surrender or capitulation. The appellant's challenge to the merits and motivations behind the original application would require reviewing extensive evidence and resolving disputed facts, which the Appeal Panel declined to do for a costs application.

Court Disposition

The application for an award of costs is dismissed.

Orders

  • ['The application for an award of costs is dismissed.']