Foong v Scutella [2021] NSWCATAP 294

Foong v Scutella [2021] NSWCATAP 294

Special circumstances warranting an award of costs were established under s 60(2) of the Civil & Administrative Tribunal Act 2013 because the appeal was out of the ordinary in nature and complexity. It concerned the appointment of a compulsory manager to a large and complex owners corporation, a history of compulsory management and dysfunctionality, incomplete repair and maintenance works, significant levies, issues concerning the absence of a required meeting, and substantial consequences for lot owners if the orders below were set aside. The First and Second Respondents were entitled to be represented and compensated for their appeal costs.

Jurisdiction
Australia
Judgment Date
29 September 2021
Procedural Posture
NCAT Appeal Panel Costs Application / Determination on the Papers After Dismissal of the Appeal
Outcome
Costs awarded to the First and Second Respondents; hearing on costs dispensed with.
Legal Topics
['ncat Costs' 'special Circumstances' 'nature and Complexity of Proceedings' 'compulsory Strata Management']
['civil Procedure' 'costs' 'strata Schemes'] ['ncat Costs' 'special Circumstances' 'nature and Complexity of Proceedings' 'compulsory Strata Management']

Case Brief

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Procedural Posture

NCAT Appeal Panel Costs Application / Determination on the Papers After Dismissal of the Appeal

Legal Issues

  1. 1 ['Whether a hearing on the question of costs of the appeal should be dispensed with.' 'Whether special circumstances warranted an award of costs under s 60 of the Civil & Administrative Tribunal Act 2013.' "Whether the nature and complexity of the appeal justified ordering the Appellants to pay the First and Second Respondents' costs."]

Ratio Decidendi

Special circumstances warranting an award of costs were established under s 60(2) of the Civil & Administrative Tribunal Act 2013 because the appeal was out of the ordinary in nature and complexity. It concerned the appointment of a compulsory manager to a large and complex owners corporation, a history of compulsory management and dysfunctionality, incomplete repair and maintenance works, significant levies, issues concerning the absence of a required meeting, and substantial consequences for lot owners if the orders below were set aside. The First and Second Respondents were entitled to be represented and compensated for their appeal costs.

Court Disposition

Costs awarded to the First and Second Respondents; hearing on costs dispensed with.

Orders

  • ['A hearing on the question of costs of the appeal is dispensed with.' 'The Appellants are to pay the costs of the First and Second Respondents incurred in the appeal in a sum as agreed or in the absence of agreement as assessed.']