Wang v MacDermott [2021] NSWCATAP 193

Wang v MacDermott [2021] NSWCATAP 193

The Appeal Panel dispensed with an oral hearing because the extensive written submissions provided adequate material and doing so was consistent with the guiding principle in s 36 of the Civil and Administrative Tribunal Act 2013 (NSW). Although the respondent succeeded on the appeal, he did not seek his own costs; the unusual orders he sought against the individual appellants were not justified. The appeal had a proper legal basis and raised questions of some complexity, the substantive proceedings had not yet determined the conduct of the Strata Committee members, the owners corporation was also an unsuccessful appellant and was not separately represented, and the proposed orders would...

Jurisdiction
Australia
Judgment Date
29 June 2021
Procedural Posture
Appeal From an Interlocutory Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Concerning Standing Under the Strata Schemes Management Act 2015 (nsw) / Costs Determination on the Papers After the Appeal Was Dismissed
Outcome
No order as to the costs of the appeal; hearing of the respondent's costs application dispensed with; Tribunal's reserved costs order for the interlocutory hearing left undisturbed.
Legal Topics
['ncat Costs' 'special Circumstances for Costs' 'dispensing With an Oral Hearing' 'interlocutory Appeal' 'standing Under Strata Legislation' 'owners Corporation Costs']
['civil Procedure' 'costs' 'strata Schemes' 'administrative Law'] ['ncat Costs' 'special Circumstances for Costs' 'dispensing With an Oral Hearing' 'interlocutory Appeal' 'standing Under Strata Legislation' 'owners Corporation Costs']

Case Brief

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Procedural Posture

Appeal From an Interlocutory Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Concerning Standing Under the Strata Schemes Management Act 2015 (nsw) / Costs Determination on the Papers After the Appeal Was Dismissed

Legal Issues

  1. 1 ["Whether to dispense with an oral hearing of the respondent's application concerning costs under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW)." 'Whether special circumstances warranted a departure from the presumption in s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW) that each party pay its own costs.' 'Whether the first, second and third appellants should personally pay their own costs and the costs of the owners corporation as fourth appellant.' "Whether the Appeal Panel should disturb the Tribunal's order reserving the costs of the interlocutory hearing."]

Ratio Decidendi

The Appeal Panel dispensed with an oral hearing because the extensive written submissions provided adequate material and doing so was consistent with the guiding principle in s 36 of the Civil and Administrative Tribunal Act 2013 (NSW). Although the respondent succeeded on the appeal, he did not seek his own costs; the unusual orders he sought against the individual appellants were not justified. The appeal had a proper legal basis and raised questions of some complexity, the substantive proceedings had not yet determined the conduct of the Strata Committee members, the owners corporation was also an unsuccessful appellant and was not separately represented, and the proposed orders would...

Court Disposition

No order as to the costs of the appeal; hearing of the respondent's costs application dispensed with; Tribunal's reserved costs order for the interlocutory hearing left undisturbed.

Orders

  • ["Order under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) to dispense with a hearing of the respondent's application for costs." 'Make no order as to the costs of the appeal.']