Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 (No 2) [2019] NSWCATAP 272

Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 (No 2) [2019] NSWCATAP 272

Because the amount in dispute in the proceedings exceeded $30,000, r 38(2)(b) and r 38A of the NCAT Rules applied to the appeal. The general discretion for costs was therefore invoked, and the appropriate order, following the ordinary rule and without disentitling conduct or displaced considerations, is that the unsuccessful appellant pay the respondent's costs of the appeal.

Jurisdiction
Australia
Judgment Date
14 November 2019
Procedural Posture
Appeal / Costs Determination After Internal Appeal
Outcome
Appellant to pay respondent's costs of the appeal as agreed or assessed
Legal Topics
['costs in Tribunal Appeals' 'discretion to Award Costs' 'application of Rules R 38 and R 38 A']
['costs' 'civil Procedure'] ['costs in Tribunal Appeals' 'discretion to Award Costs' 'application of Rules R 38 and R 38 A']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Internal Appeal

Legal Issues

  1. 1 ['Whether r 38 and r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) apply to the appeal' 'Whether the appropriate costs order is costs to the successful party or costs in the cause']

Ratio Decidendi

Because the amount in dispute in the proceedings exceeded $30,000, r 38(2)(b) and r 38A of the NCAT Rules applied to the appeal. The general discretion for costs was therefore invoked, and the appropriate order, following the ordinary rule and without disentitling conduct or displaced considerations, is that the unsuccessful appellant pay the respondent's costs of the appeal.

Court Disposition

Appellant to pay respondent's costs of the appeal as agreed or assessed

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing on the question of costs of the appeal is dispensed with.' "The appellant is to pay the respondent's costs of the appeal as agreed or assessed."]