Bruce v Knight (No 2) [2021] NSWCATAP 254

The existence of complex and significant issues relating to valuable property rights and heritage alterations in a strata scheme, combined with the precedent established in similar high-complexity appeals, amounted to special circumstances warranting costs orders both for the appeal and proceedings at first instance.

Parties: First Appellant: Anthony Bruce; Second Appellant: The Owners – Strata Plan 208; Respondent: Alexander Knight; Respondent: Cleo Knight; Appellant: Dr Stephen Nash; Appellant: Dr Lisa Rybak
Jurisdiction: Australia
Judgment Date: 31 August 2021
Procedural Posture: Appeal / Costs Determination Post Appeal
Outcome: Costs awarded to appellants for appeal and at first instance
Legal Topics: Strata Title, Common Property Rights by Law, Costs

Land Law Strata Title Common Property Rights by Law Costs

Case Brief

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Parties

Anthony Bruce

First Appellant

The Owners – Strata Plan 208

Second Appellant

Alexander Knight

Respondent

Cleo Knight

Respondent

Dr Stephen Nash

Appellant

Dr Lisa Rybak

Appellant

Procedural Posture

Appeal / Costs Determination Post Appeal

Legal Issues

1 Whether special circumstances warrant an award of costs
2 Whether the nature and complexity of the proceedings justify costs
3 Appropriate party status for appellants

Ratio Decidendi

Court Disposition

Costs awarded to appellants for appeal and at first instance

Orders

A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
The respondents are to pay the appellants' costs of the appeal (2021/00056122) as agreed or as assessed.