Promina Design & Construction Pty Ltd v The Owners - Strata Plan No 97449 (No 4) [2023] NSWCATAP 338

Promina Design & Construction Pty Ltd v The Owners - Strata Plan No 97449 (No 4) [2023] NSWCATAP 338

Rule 38 does not apply to this appeal, as the appeal concerned only the transfer of proceedings, not a monetary claim in dispute exceeding $30,000; no special circumstances under s 60 exist as bringing a weak case or unsuccessful appeal does not suffice. Accordingly, the respondent's application for costs is dismissed.

Parties
Appellant: Promina Design & Construction Pty Ltd; Respondent: The Owners – Strata Plan No 97449
Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Internal Appeal From Civil and Administrative Tribunal (consumer and Commercial Division) / Costs Determination Post Appeal
Outcome
Respondent's application for costs dismissed
Legal Topics
Costs in Tribunal Proceedings, Special Circumstances for Awarding Costs, Application of Tribunal Rules, Statutory Interpretation
Costs Costs in Tribunal Proceedings Special Circumstances for Awarding Costs Application of Tribunal Rules Statutory Interpretation

Case Brief

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Parties

Promina Design & Construction Pty Ltd

Appellant

The Owners – Strata Plan No 97449

Respondent

Procedural Posture

Internal Appeal From Civil and Administrative Tribunal (consumer and Commercial Division) / Costs Determination Post Appeal

Legal Issues

  1. 1 Whether rules 38 and 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) apply to the appeal to allow costs without special circumstances
  2. 2 Whether there are 'special circumstances' under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) justifying an award of costs

Ratio Decidendi

Rule 38 does not apply to this appeal, as the appeal concerned only the transfer of proceedings, not a monetary claim in dispute exceeding $30,000; no special circumstances under s 60 exist as bringing a weak case or unsuccessful appeal does not suffice. Accordingly, the respondent's application for costs is dismissed.

Court Disposition

Respondent's application for costs dismissed

Orders

  • A hearing with respect to the question of costs is dispensed with pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 (NSW).
  • The respondent's application for the costs of the appeal is dismissed.