Macleod v The Owners – Strata Plan No 6544 [2022] NSWCATCD 135

Macleod v The Owners – Strata Plan No 6544 [2022] NSWCATCD 135

Special circumstances for awarding costs were established because the applicant failed to particularise her case, causing the respondent to incur significantly greater expense and time in preparing its evidence. This conduct breached the duty to assist the Tribunal under s 36(3) and unnecessarily disadvantaged the respondent. However, as some respondent costs would have been incurred regardless, only 60% of costs are awarded.

Jurisdiction
Australia
Judgment Date
26 July 2022
Procedural Posture
Application for Exclusive Use by Law (strata) and Subsequent Costs Application / Post Dismissal; Determination of Costs Following Withdrawal of Substantive Application
Outcome
Costs order made in favour of respondent
Legal Topics
['costs in Tribunal Proceedings' 'exclusive Use by Laws' 'procedural Fairness']
['strata Law' 'civil Procedure'] ['costs in Tribunal Proceedings' 'exclusive Use by Laws' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Exclusive Use by Law (strata) and Subsequent Costs Application / Post Dismissal; Determination of Costs Following Withdrawal of Substantive Application

Legal Issues

  1. 1 ['Whether there are special circumstances warranting an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

Special circumstances for awarding costs were established because the applicant failed to particularise her case, causing the respondent to incur significantly greater expense and time in preparing its evidence. This conduct breached the duty to assist the Tribunal under s 36(3) and unnecessarily disadvantaged the respondent. However, as some respondent costs would have been incurred regardless, only 60% of costs are awarded.

Court Disposition

Costs order made in favour of respondent

Orders

  • ['That a hearing on the question of costs can be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)' "The applicant to pay 60% of the respondent's costs of the proceeding on the ordinary basis, as agreed or assessed"]