Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135

Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135

The Tribunal below erred in finding the appellant's claim had no tenable basis in fact or law, erred in concluding the claim lacked substance, and the refusal of the Calderbank offer was not unreasonable; consequently, special circumstances for a costs order did not exist. The Tribunal also erred by ordering a gross sum costs order without proper process or evidence. The appropriate order is that parties pay their own costs.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Internal Appeal / Appeal Panel Determination
Outcome
Appeal allowed
Legal Topics
['compulsory Strata Management' 'costs Orders' 'appeal Procedure']
['strata Law' 'costs' 'civil Procedure'] ['compulsory Strata Management' 'costs Orders' 'appeal Procedure']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Panel Determination

Legal Issues

  1. 1 ['Whether the Tribunal erred in law in finding special circumstances existed warranting an order for costs' 'Whether the Tribunal erred in making a costs order in the nature of a gross sum costs order' 'Whether the appellant may have suffered a substantial miscarriage of justice']

Ratio Decidendi

The Tribunal below erred in finding the appellant's claim had no tenable basis in fact or law, erred in concluding the claim lacked substance, and the refusal of the Calderbank offer was not unreasonable; consequently, special circumstances for a costs order did not exist. The Tribunal also erred by ordering a gross sum costs order without proper process or evidence. The appropriate order is that parties pay their own costs.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' "The Tribunal's order made on 20 February 2018 (as amended 26 March 2018) is set aside." 'In substitution, the parties are to pay their own costs of proceedings SC 17/03762.' 'Directions for any costs application in respect of the appeal are provided.']