Choi v The Owners – Strata Plan No 53482 (No 2) [2025] NSWCATAP 10

Choi v The Owners – Strata Plan No 53482 (No 2) [2025] NSWCATAP 10

The Panel was not satisfied that special circumstances had been established to justify departing from the usual principle that each party pay its own costs. The self-represented status of the lot owner, lack of special circumstances, the conduct of the parties, and absence of highly unreasonable or vexatious behaviour meant no order for costs was appropriate.

Parties
Appellant: Jin Beom Choi; Respondent: The Owners Strata Plan No 53482
Jurisdiction
Australia
Judgment Date
10 January 2025
Procedural Posture
Civil Appeal / Costs Decision Following Substantive Appeal
Outcome
Costs application dismissed; each party to pay its own costs.
Legal Topics
Costs, Special Circumstances, NCAT Appeals
Civil Procedure Costs Special Circumstances NCAT Appeals

Case Brief

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Parties

Jin Beom Choi

Appellant

The Owners Strata Plan No 53482

Respondent

Procedural Posture

Civil Appeal / Costs Decision Following Substantive Appeal

Legal Issues

  1. 1 Whether special circumstances exist to justify a costs order in favour of the respondent under s 60(2) Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

The Panel was not satisfied that special circumstances had been established to justify departing from the usual principle that each party pay its own costs. The self-represented status of the lot owner, lack of special circumstances, the conduct of the parties, and absence of highly unreasonable or vexatious behaviour meant no order for costs was appropriate.

Court Disposition

Costs application dismissed; each party to pay its own costs.

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).
  • The costs application is dismissed.