Quo Warranto Pty Ltd v Goodman (No 2) [2023] NSWCATAP 142

Quo Warranto Pty Ltd v Goodman (No 2) [2023] NSWCATAP 142

Rule 38 applies to the application for substantive orders because the amount in dispute exceeded $30,000; thus, costs follow the event for that application. Section 60 applies to the interim orders and appeal proceedings as no specific amount over $30,000 was claimed or in dispute, so costs are only awarded if special circumstances are shown, which were not found. The Goodmans and Lockes must pay the costs of The Owners – Strata Plan No. 15482 and the Joels in respect of substantive orders; all other costs applications are dismissed.

Parties
Appellant: Quo Warranto Pty Ltd; First Respondent: Jonathan Mark Goodman; First Respondent: Barbara Beth Goodman; Second Respondent: William Theo Locke; Second Respondent: Nicole Jeanne Locke; Third Respondent: Strata Choice Pty Ltd; Fourth Respondent: The Owners – Strata Plan No. 15482; Fifth Respondent: Michael Braham Joel; Fifth Respondent: Alexandra Joel
Jurisdiction
Australia
Judgment Date
30 May 2023
Procedural Posture
Appeal / Costs Determination Following Appeal Decision
Outcome
Costs awarded in part; otherwise dismissed.
Legal Topics
Costs, Statutory Interpretation, Appeal, Consumer and Commercial Division
Strata Title Law Civil Procedure Costs Statutory Interpretation Appeal Consumer and Commercial Division

Case Brief

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Parties

Quo Warranto Pty Ltd

Appellant

Jonathan Mark Goodman

First Respondent

Barbara Beth Goodman

First Respondent

William Theo Locke

Second Respondent

Nicole Jeanne Locke

Second Respondent

Strata Choice Pty Ltd

Third Respondent

The Owners – Strata Plan No. 15482

Fourth Respondent

Michael Braham Joel

Fifth Respondent

Alexandra Joel

Fifth Respondent

Procedural Posture

Appeal / Costs Determination Following Appeal Decision

Legal Issues

  1. 1 Whether rule 38 or section 60 applies to Tribunal and appeal proceedings for costs purposes
  2. 2 Whether special circumstances warrant order for costs
  3. 3 How costs discretion should be exercised for each application

Ratio Decidendi

Rule 38 applies to the application for substantive orders because the amount in dispute exceeded $30,000; thus, costs follow the event for that application. Section 60 applies to the interim orders and appeal proceedings as no specific amount over $30,000 was claimed or in dispute, so costs are only awarded if special circumstances are shown, which were not found. The Goodmans and Lockes must pay the costs of The Owners – Strata Plan No. 15482 and the Joels in respect of substantive orders; all other costs applications are dismissed.

Court Disposition

Costs awarded in part; otherwise dismissed.

Orders

  • A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • Jonathan Mark Goodman and Barbara Beth Goodman and William Theo Locke and Nicole Jeanne Locke are to pay the costs of The Owners – Strata Plan No. 15482 and Michael Braham Joel and Alexandra Joel in respect of the application for substantive orders (SC 21/18734), on the ordinary basis, as agreed or assessed.