MacDermott v Wang [2022] NSWCATCD 71

MacDermott v Wang [2022] NSWCATCD 71

No special circumstances were found justifying award of costs in the substantive orders proceeding; withdrawal was at an early stage and not unreasonable. In the interim orders proceeding, special circumstances were found due to insufficient evidence supporting urgency, warranting a costs award for the hearing of 6 September 2021 only. No basis for indemnity costs; ordinary basis applies.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Costs Application Under Two Tribunal Proceedings (substantive and Interim Orders) / Post Dismissal of Substantive and Interim Applications; Costs Hearing and Determination
Outcome
Respondents' costs application dismissed in substantive proceeding; costs awarded against applicant in interim orders proceeding for hearing on 6 September 2021.
Legal Topics
['costs' 'special Circumstances' 'interim Orders' 'withdrawal of Proceedings' 'calderbank Offers']
['civil Procedure' 'strata Law'] ['costs' 'special Circumstances' 'interim Orders' 'withdrawal of Proceedings' 'calderbank Offers']

Case Brief

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Procedural Posture

Costs Application Under Two Tribunal Proceedings (substantive and Interim Orders) / Post Dismissal of Substantive and Interim Applications; Costs Hearing and Determination

Legal Issues

  1. 1 ["Are there 'special circumstances' warranting a departure from the presumption that each party bears their own costs in the substantive and interim orders proceedings under section 60(2) of the NCAT Act?" 'Should any costs awarded be on the ordinary or indemnity basis?']

Ratio Decidendi

No special circumstances were found justifying award of costs in the substantive orders proceeding; withdrawal was at an early stage and not unreasonable. In the interim orders proceeding, special circumstances were found due to insufficient evidence supporting urgency, warranting a costs award for the hearing of 6 September 2021 only. No basis for indemnity costs; ordinary basis applies.

Court Disposition

Respondents' costs application dismissed in substantive proceeding; costs awarded against applicant in interim orders proceeding for hearing on 6 September 2021.

Orders

  • ["In File No. SC 20/04566, respondents' application for costs is dismissed and parties to bear their own costs." "In File No SC 21/37001, applicant to pay respondents' costs of and incidental to the hearing of the interim orders application on 6 September 2021 on the ordinary basis; otherwise, parties to bear their...