J’s Absolute Services Pty Ltd v The Owners – Strata Plan No 67246 [2021] NSWCATAP 315

J’s Absolute Services Pty Ltd v The Owners – Strata Plan No 67246 [2021] NSWCATAP 315

The Appellant was denied procedural fairness when required to respond immediately to a costs application without guidance or a reasonable opportunity to seek legal advice or representation. This procedural defect warranted setting aside the costs order as the Tribunal failed to ensure a fair process for an unrepresented party. Furthermore, the circumstances did not justify a finding of 'special circumstances' for a costs award under the Act.

Jurisdiction
Australia
Judgment Date
12 October 2021
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed. Costs order set aside. Each party to bear its own costs for both the original proceeding and the appeal.
Legal Topics
['costs' 'procedural Fairness' 'strata Title Law']
['civil Procedure'] ['costs' 'procedural Fairness' 'strata Title Law']

Case Brief

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Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ["Whether the Tribunal at first instance erred in awarding costs against the Appellant on the basis of 'special circumstances' under section 60 of the Civil and Administrative Tribunal Act 2013" 'Whether there was a denial of procedural fairness to the self-represented Appellant in hearing the costs application without adjournment or guidance']

Ratio Decidendi

The Appellant was denied procedural fairness when required to respond immediately to a costs application without guidance or a reasonable opportunity to seek legal advice or representation. This procedural defect warranted setting aside the costs order as the Tribunal failed to ensure a fair process for an unrepresented party. Furthermore, the circumstances did not justify a finding of 'special circumstances' for a costs award under the Act.

Court Disposition

Appeal allowed. Costs order set aside. Each party to bear its own costs for both the original proceeding and the appeal.

Orders

  • ['Appeal allowed.' 'Order 2 made on 19 May 2021 in matter SC 20/42682 is set aside.' 'Each party is to pay their own costs in matter SC 20/42682 and of the appeal.']