The Owners – Strata Plan 5172 v Finkelstein (No 2) [2023] NSWCATCD 166

The Owners – Strata Plan 5172 v Finkelstein (No 2) [2023] NSWCATCD 166

Special circumstances warranting costs orders were established against the owners corporation in relation to the applications for the appointment of a strata managing agent due to the corporation's failures and the relative strength of the applicants’ claims. However, no special circumstances were established regarding the s 149 claim about unapproved work, so only 65% of Ms Finkelstein’s costs were awarded to reflect this apportionment. Costs are not to be levied on Lot 5 or Lot 6 owners.

Parties
Applicant/respondent: The Owners – Strata Plan No. SP 5172; Applicant/respondent: Annabel Sophie Finkelstein; Applicant: Brittany Chloe Cohen; Second Respondent: John Shiper; Third Respondent: Keith Spackman; Fourth Respondent: Raymond Coplin
Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Costs Application Following Substantive Orders in Strata Dispute / Post Hearing, Costs Determination (on the Papers)
Outcome
Costs partially awarded to applicants, with specified exclusions on levying those costs against certain lot owners.
Legal Topics
Costs, Special Circumstances for Costs, Strata Management, Tribunal Procedure
Strata Law Administrative Law Costs Special Circumstances for Costs Strata Management Tribunal Procedure

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Parties

The Owners – Strata Plan No. SP 5172

Applicant/respondent

Annabel Sophie Finkelstein

Applicant/respondent

Brittany Chloe Cohen

Applicant

John Shiper

Second Respondent

Keith Spackman

Third Respondent

Raymond Coplin

Fourth Respondent

Procedural Posture

Costs Application Following Substantive Orders in Strata Dispute / Post Hearing, Costs Determination (on the Papers)

Legal Issues

  1. 1 Whether special circumstances existed justifying a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 What is the proper apportionment of costs relating to separable claims in the proceedings
  3. 3 Whether costs should be excluded from being raised against particular lot owners

Ratio Decidendi

Special circumstances warranting costs orders were established against the owners corporation in relation to the applications for the appointment of a strata managing agent due to the corporation's failures and the relative strength of the applicants’ claims. However, no special circumstances were established regarding the s 149 claim about unapproved work, so only 65% of Ms Finkelstein’s costs were awarded to reflect this apportionment. Costs are not to be levied on Lot 5 or Lot 6 owners.

Court Disposition

Costs partially awarded to applicants, with specified exclusions on levying those costs against certain lot owners.

Orders

  • Order dispensing with a hearing under s 50 of the Civil and Administrative Tribunal Act 2013 (NSW).
  • Order that The Owners – Strata Plan No 5172 pay 65% of Annabel Sophie Finkelstein's costs of and incidental to proceedings SC 21/45784, on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation.