McCrudden v Dunstan [2023] NSWCATAP 37

McCrudden v Dunstan [2023] NSWCATAP 37

The Appeal Panel held that special circumstances warranted an award of costs because the Appellant lodged the appeal approximately three months out of time without adequate explanation, conceded at the latest possible opportunity that the appeal had no utility and was misconceived, and thereby unreasonably prolonged the time taken to complete the appeal proceedings.

Jurisdiction
Australia
Judgment Date
10 February 2023
Procedural Posture
Appeal / Costs Application Following Withdrawal of the Appeal and Dismissal
Outcome
Costs awarded to the First, Second and Third Respondents against the Appellant.
Legal Topics
['costs in NCAT Proceedings' 'special Circumstances Warranting Costs' 'withdrawal and Dismissal of Appeal' 'compulsory Strata Manager']
['civil Procedure' 'costs' 'strata Schemes'] ['costs in NCAT Proceedings' 'special Circumstances Warranting Costs' 'withdrawal and Dismissal of Appeal' 'compulsory Strata Manager']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Costs Application Following Withdrawal of the Appeal and Dismissal

Legal Issues

  1. 1 ["Whether the Appellant should pay the Respondents' costs of the appeal after withdrawing the appeal and its dismissal under s 55(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW)." 'Whether special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), including whether the appeal was misconceived, lacking in substance, or unreasonably prolonged the proceedings.']

Ratio Decidendi

The Appeal Panel held that special circumstances warranted an award of costs because the Appellant lodged the appeal approximately three months out of time without adequate explanation, conceded at the latest possible opportunity that the appeal had no utility and was misconceived, and thereby unreasonably prolonged the time taken to complete the appeal proceedings.

Court Disposition

Costs awarded to the First, Second and Third Respondents against the Appellant.

Orders

  • ['The Appellant is to pay the costs of the First, Second and Third Respondents incurred in the appeal on the ordinary basis in an amount agreed or as assessed.']