Lenux v The Owners – Strata Plan No 88786 [2024] NSWCATAP 46

Lenux v The Owners – Strata Plan No 88786 [2024] NSWCATAP 46

The Tribunal denied Mr Lenux procedural fairness by not dealing with his objection to the late filing of the Owners’ costs application before determining the application, preventing him from making submissions. This constituted an error of law warranting the appeal. Special circumstances were established under s 60(3)(e) CAT Act, as Mr Lenux’s claims lacked a tenable basis in fact or law, justifying an award of costs against him.

Jurisdiction
Australia
Judgment Date
26 March 2024
Procedural Posture
Appeal / Costs Appeal Decision
Outcome
Appeal granted; time for filing extended; new costs order made.
Legal Topics
['costs Orders' 'procedural Fairness' 'extension of Time' 'appeal Process']
['strata Law' 'administrative Law'] ['costs Orders' 'procedural Fairness' 'extension of Time' 'appeal Process']

Case Brief

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Procedural Posture

Appeal / Costs Appeal Decision

Legal Issues

  1. 1 ['Whether procedural fairness was denied regarding objection to late filing of costs application' 'Whether special circumstances exist warranting an award of costs' 'Whether the Tribunal erred on a question of law']

Ratio Decidendi

The Tribunal denied Mr Lenux procedural fairness by not dealing with his objection to the late filing of the Owners’ costs application before determining the application, preventing him from making submissions. This constituted an error of law warranting the appeal. Special circumstances were established under s 60(3)(e) CAT Act, as Mr Lenux’s claims lacked a tenable basis in fact or law, justifying an award of costs against him.

Court Disposition

Appeal granted; time for filing extended; new costs order made.

Orders

  • ['The time for the filing of the Notice of Appeal is extended to 15 May 2023.' 'Appeal granted.' 'Kevin Lenux is to pay costs of and incidental to the proceedings on a party/party basis as agreed or assessed in accordance with the Legal Profession Uniform Law Application Act 2014, such costs to be paid within 28...