Bischoff v Sahade & Owners Corporation SP 62022 [2015] NSWCATAP 196

Bischoff v Sahade & Owners Corporation SP 62022 [2015] NSWCATAP 196

There were no special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013. The proceedings were not unnecessarily prolonged by the respondent, and, while there was some novelty in the jurisdictional issue, other key issues were not determined in the appellants' favour and circumstances collectively did not justify costs. Even if special circumstances had been established, it would have been appropriate that each party pay its own costs.

Parties
Appellant: Celia Bischoff; Appellant: Eckart Bischoff; Respondent: Rita Sahade; Respondent: Owners Corporation SP 62022
Jurisdiction
Australia
Judgment Date
16 September 2015
Procedural Posture
Appeal / Application for Costs After Appeal
Outcome
Costs application dismissed; each party to pay its own costs.
Legal Topics
Costs, Special Circumstances, Appeal
Civil Procedure Costs Special Circumstances Appeal

Case Brief

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Parties

Celia Bischoff

Appellant

Eckart Bischoff

Appellant

Rita Sahade

Respondent

Owners Corporation SP 62022

Respondent

Procedural Posture

Appeal / Application for Costs After Appeal

Legal Issues

  1. 1 Whether there are special circumstances to warrant an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013

Ratio Decidendi

There were no special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013. The proceedings were not unnecessarily prolonged by the respondent, and, while there was some novelty in the jurisdictional issue, other key issues were not determined in the appellants' favour and circumstances collectively did not justify costs. Even if special circumstances had been established, it would have been appropriate that each party pay its own costs.

Court Disposition

Costs application dismissed; each party to pay its own costs.

Orders

  • Pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 the Appeal Panel dispenses with a hearing of the appellants' application for costs.
  • The application for costs is dismissed.