Loneragan v The Owners - Strata Plan No 16519 (No 2) [2020] NSWCATAP 283

Loneragan v The Owners - Strata Plan No 16519 (No 2) [2020] NSWCATAP 283

The amount in dispute in the appeal exceeded $30,000 as Mr Loneragan could have been relieved from paying $72,727 or more; accordingly, the discretionary power to award costs under r 38(2)(b) was enlivened and in the absence of disentitling conduct, a costs order in favour of the Owners Corporation was appropriate. The Appeal Panel lacked power to determine costs relating to proceedings at first instance, as no application for costs was made or determined there.

Parties
Appellant: Hugo Loneragan; Respondent: The Owners Strata Plan No 16519
Jurisdiction
Australia
Judgment Date
22 December 1999
Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Outcome
Mr Loneragan is ordered to pay the Owners Corporation's costs of the appeal; the Panel declines to determine the application for costs at first instance.
Legal Topics
Costs, Appeals, NCAT Jurisdiction
Strata Law Civil Procedure Costs Appeals NCAT Jurisdiction

Case Brief

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Parties

Hugo Loneragan

Appellant

The Owners Strata Plan No 16519

Respondent

Procedural Posture

Appeal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 Whether the amount in dispute in the appeal exceeded $30,000 under r 38A of the Civil and Administrative Tribunal Rules 2014
  2. 2 Whether the Appeal Panel has power to award costs for proceedings at first instance where no costs decision was made

Ratio Decidendi

The amount in dispute in the appeal exceeded $30,000 as Mr Loneragan could have been relieved from paying $72,727 or more; accordingly, the discretionary power to award costs under r 38(2)(b) was enlivened and in the absence of disentitling conduct, a costs order in favour of the Owners Corporation was appropriate. The Appeal Panel lacked power to determine costs relating to proceedings at first instance, as no application for costs was made or determined there.

Court Disposition

Mr Loneragan is ordered to pay the Owners Corporation's costs of the appeal; the Panel declines to determine the application for costs at first instance.

Orders

  • Mr Loneragan must pay the Owners Corporation's costs in the appeal, as agreed or assessed.
  • The Appeal Panel declines to determine the Owners Corporation's costs application for the proceedings at first instance.