Gelder v The Owners - Strata Plan No 38308 [2021] NSWCATAP 109

Gelder v The Owners - Strata Plan No 38308 [2021] NSWCATAP 109

Special circumstances existed due to the complexity and significance of the dispute, the nature of the legal issues, and the unreasonable and untenable positions taken by the Respondent; therefore, costs orders were justified both on appeal and at first instance, with orders also made to ensure the Appellant did not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Appeal / Costs Application Following Successful Appeal
Outcome
Costs awarded to the Appellant for both the appeal and first instance.
Legal Topics
['costs' 'special Circumstances' 'appeals' 'exclusive Use Rights' 'strata by Laws']
['strata Law' 'civil Procedure'] ['costs' 'special Circumstances' 'appeals' 'exclusive Use Rights' 'strata by Laws']

Source-derived case record

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Procedural Posture

Appeal / Costs Application Following Successful Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist under s 60 of the Civil & Administrative Tribunal Act 2013 (NSW) to warrant a costs order in appeal and at first instance' "Whether orders preventing the respondent from levying costs on the appellant's lot are appropriate"]

Ratio Decidendi

Special circumstances existed due to the complexity and significance of the dispute, the nature of the legal issues, and the unreasonable and untenable positions taken by the Respondent; therefore, costs orders were justified both on appeal and at first instance, with orders also made to ensure the Appellant did not indirectly contribute to the Respondent's costs through strata levies.

Court Disposition

Costs awarded to the Appellant for both the appeal and first instance.

Orders

  • ["The Respondent pay the Appellant's costs of and incidental to the proceedings, on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation, (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW))." "The Respondent not levy a...