Colman v The Owners Strata Plan No. 61131 (No. 2) [2023] NSWCATCD 101

Colman v The Owners Strata Plan No. 61131 (No. 2) [2023] NSWCATCD 101

Costs are awarded to the respondent on the ordinary basis as the amount claimed exceeded $30,000 and there is no basis to depart from the usual rule; the unsuccessful party pays costs. Indemnity costs are not justified given the conduct of the litigation and refusal of the settlement offer did not meet the threshold for unreasonable refusal.

Parties
Applicant: Gary Mark Colman; Respondent: The Owners-Strata Plan No 61131; Respondent: Grace Lawyers
Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Costs Application / Post Judgment
Outcome
Costs awarded against applicant; oral hearing on costs dispensed
Legal Topics
Costs, Indemnity Costs, Consumer and Commercial Division, Strata Schemes Management
Strata/property Civil Procedure Costs Indemnity Costs Consumer and Commercial Division Strata Schemes Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gary Mark Colman

Applicant

The Owners-Strata Plan No 61131

Respondent

Grace Lawyers

Respondent

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether costs should be awarded and on what basis (ordinary or indemnity)
  2. 2 Application of r 38 Civil and Administrative Tribunal Rules 2014 (NSW)
  3. 3 Whether there were special circumstances or disentitling conduct to deprive the successful party of costs

Ratio Decidendi

Costs are awarded to the respondent on the ordinary basis as the amount claimed exceeded $30,000 and there is no basis to depart from the usual rule; the unsuccessful party pays costs. Indemnity costs are not justified given the conduct of the litigation and refusal of the settlement offer did not meet the threshold for unreasonable refusal.

Court Disposition

Costs awarded against applicant; oral hearing on costs dispensed

Orders

  • An oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • Gary Mark Colman is to pay the costs of The Owners Strata Plan No 61131 in Matter SC 21/39322 as agreed or assessed on the basis set out in the legal costs legislation (as set out in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)).