Macey's Group Pty Ltd v The Owners – Strata Plan No 33591 [2021] NSWCATAP 88

Macey's Group Pty Ltd v The Owners – Strata Plan No 33591 [2021] NSWCATAP 88

Special circumstances warranting costs were not established in the first instance proceedings; however, the complexity and nature of the issues on appeal constituted special circumstances justifying a costs order in favour of the appellant for the appeal, pursuant to s 60 of the Civil and Administrative Tribunal Act 2013 (NSW). The Appeal Panel determined it does have power to make costs orders in respect of the first instance proceedings when setting aside a decision on appeal.

Parties
Appellant: Macey's Group Pty Ltd; Respondent: The Owners - Strata Plan No 33591
Jurisdiction
Australia
Judgment Date
12 April 2021
Procedural Posture
Internal Appeal / Determination of Costs Following Appeal
Outcome
Costs application at first instance dismissed; respondent ordered to pay appellant's costs of the appeal.
Legal Topics
Costs, Special Circumstances, Strata Schemes Management, Appeals
Civil Procedure Strata Law Costs Special Circumstances Strata Schemes Management Appeals

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Parties

Macey's Group Pty Ltd

Appellant

The Owners - Strata Plan No 33591

Respondent

Procedural Posture

Internal Appeal / Determination of Costs Following Appeal

Legal Issues

  1. 1 Whether special circumstances exist warranting an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether the Appeal Panel has power to make a costs order for proceedings at first instance

Ratio Decidendi

Special circumstances warranting costs were not established in the first instance proceedings; however, the complexity and nature of the issues on appeal constituted special circumstances justifying a costs order in favour of the appellant for the appeal, pursuant to s 60 of the Civil and Administrative Tribunal Act 2013 (NSW). The Appeal Panel determined it does have power to make costs orders in respect of the first instance proceedings when setting aside a decision on appeal.

Court Disposition

Costs application at first instance dismissed; respondent ordered to pay appellant's costs of the appeal.

Orders

  • By consent, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Appeal Panel dispenses with a hearing of the costs application.
  • The application for costs in connection with the proceedings at first instance is dismissed.