Harris v The Owners-Strata Plan No 34056 (No 2) [2022] NSWCATAP 167

The party seeking a costs order must establish special circumstances, which the owners corporation failed to do; mere provision of an invoice and success in the appeal do not suffice.

Jurisdiction: Australia
Judgment Date: 18 May 2022
Procedural Posture: Costs Application / Appeal Decision
Outcome: application for costs dismissed
Legal Topics: ['costs' 'special Circumstances' 'tribunal Proceedings']

['civil Procedure'] ['costs' 'special Circumstances' 'tribunal Proceedings']

Case Brief

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Procedural Posture

Costs Application / Appeal Decision

Legal Issues

1 ['Whether special circumstances exist to warrant a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

The party seeking a costs order must establish special circumstances, which the owners corporation failed to do; mere provision of an invoice and success in the appeal do not suffice.

Court Disposition

application for costs dismissed

Orders

['An oral hearing on the issue of costs is dispensed with.' 'The application for costs is dismissed.']