Lehner v The Owners – Strata Plan No 65870 [2023] NSWCATAP 102

Lehner v The Owners – Strata Plan No 65870 [2023] NSWCATAP 102

Leave to appeal is refused and the appeal dismissed because the Tribunal did not miscarry its discretion in awarding costs for late withdrawal; the appellant failed to show an error of principle or manifestly unreasonable application of s 60 and established authorities, and new evidence was inadmissible as it was available at the time of the hearing.

Jurisdiction
Australia
Judgment Date
12 April 2023
Procedural Posture
Internal Appeal / Appeal Panel Decision on Leave and Merits
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
['costs Orders' 'appeal Procedure' 'withdrawal of Application' 'special Circumstances' 'exercise of Discretion']
['administrative Law' 'strata Law'] ['costs Orders' 'appeal Procedure' 'withdrawal of Application' 'special Circumstances' 'exercise of Discretion']

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Procedural Posture

Internal Appeal / Appeal Panel Decision on Leave and Merits

Legal Issues

  1. 1 ['Should leave to appeal be granted in the context of a costs order following withdrawal of proceedings?' 'Did the Tribunal err in exercising its discretion under s 60 of the NCAT Act to award costs in the circumstances?' 'Can the appellant rely on new evidence on appeal?' "Did the Tribunal fail to take into account the respondent's conduct in withholding the consent issue until the final hearing?"]

Ratio Decidendi

Leave to appeal is refused and the appeal dismissed because the Tribunal did not miscarry its discretion in awarding costs for late withdrawal; the appellant failed to show an error of principle or manifestly unreasonable application of s 60 and established authorities, and new evidence was inadmissible as it was available at the time of the hearing.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' 'Each party is to pay their own costs of the appeal proceedings.']