Dent v The Owners – Strata Plan No. 69595 [2022] NSWCATCD 144

Dent v The Owners – Strata Plan No. 69595 [2022] NSWCATCD 144

There were no special circumstances warranting an order for costs; even if such circumstances existed, it would not be proportionate to the amount in dispute and the complexity of the matters to order costs. Each party should bear their own costs.

Source-derived case information.

Parties
Applicant: Mark Dent; Applicant: Heather Heckenberg; Respondent: The Owners – Strata Plan No. 69595
Jurisdiction
Australia
Judgment Date
25 July 2022
Procedural Posture
Tribunal Proceedings / Decision on Costs After Substantive Hearing
Outcome
Each party to bear their own costs; no order as to costs made.
Legal Topics
Special Circumstances for Costs, Proportionality of Costs, Strata Property Disputes
Costs Special Circumstances for Costs Proportionality of Costs Strata Property Disputes

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Parties

Mark Dent

Applicant

Heather Heckenberg

Applicant

The Owners – Strata Plan No. 69595

Respondent

Procedural Posture

Tribunal Proceedings / Decision on Costs After Substantive Hearing

Legal Issues

  1. 1 Whether special circumstances exist warranting an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013
  2. 2 Whether costs claimed are proportionate to the amount in dispute

Ratio Decidendi

There were no special circumstances warranting an order for costs; even if such circumstances existed, it would not be proportionate to the amount in dispute and the complexity of the matters to order costs. Each party should bear their own costs.

Court Disposition

Each party to bear their own costs; no order as to costs made.

Orders

  • The Tribunal dispenses with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • Each party is to bear their own costs.