Burbank Montague Pty Ltd v The Owners – Strata Plan No. 8531 and Ors (No 2) [2021] NSWCATAP 15

Burbank Montague Pty Ltd v The Owners – Strata Plan No. 8531 and Ors (No 2) [2021] NSWCATAP 15

Rule 38 applied to the Tribunal proceedings regarding the special levy as the amount in dispute exceeded $30,000; rule 38A carried rule 38 into the appeal. The appellants were unsuccessful and have not advanced arguments against a costs order if rule 38 applies. Therefore, they should pay the respondents' costs of the appeal.

Jurisdiction
Australia
Judgment Date
28 January 2021
Procedural Posture
Internal Appeal / Application for Different Costs Order Following Appeal Decision
Outcome
Application for different costs order refused. Appellants to pay respondents’ costs of the appeal.
Legal Topics
['tribunal Costs Discretion' 'rule 38 and Rule 38 a of the NCAT Rules' 'special Circumstances for Award of Costs']
['costs'] ['tribunal Costs Discretion' 'rule 38 and Rule 38 a of the NCAT Rules' 'special Circumstances for Award of Costs']

Case Brief

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Procedural Posture

Internal Appeal / Application for Different Costs Order Following Appeal Decision

Legal Issues

  1. 1 ['Which costs provisions applied to the Tribunal and the appeal?' 'Whether rule 38 or section 60 of the Civil and Administrative Tribunal Act 2013 governs the making of a costs order in these proceedings' 'Whether a different costs order should be made']

Ratio Decidendi

Rule 38 applied to the Tribunal proceedings regarding the special levy as the amount in dispute exceeded $30,000; rule 38A carried rule 38 into the appeal. The appellants were unsuccessful and have not advanced arguments against a costs order if rule 38 applies. Therefore, they should pay the respondents' costs of the appeal.

Court Disposition

Application for different costs order refused. Appellants to pay respondents’ costs of the appeal.

Orders

  • ['The application for a different costs order is refused.' "The appellants are to pay the respondents' costs of the appeal, on the ordinary basis, as agreed or assessed."]