Anderson & Ors v The Owners − Strata Plan No 64511 [2016] NSWCATCD 100

Anderson & Ors v The Owners − Strata Plan No 64511 [2016] NSWCATCD 100

The Tribunal held that the consent orders did not constitute a determination on the merits because settlement occurred after the applicants' evidence but before the respondents adduced evidence. However, the Tribunal could still consider costs. The consent orders largely achieved the orders sought by the applicants,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 September 2016
Procedural Posture
Strata Schemes Costs Application / Costs Determination After Substantive Strata Dispute Resolved by Consent Orders
Outcome
Costs awarded to the applicants against the respondents on the ordinary basis, with those costs not to be levied on the applicants.
Legal Topics
['consent Orders' 'determination on the Merits' 'special Circumstances for Costs' 'owners Corporation' 'special by Laws' 'strata Manager Appointment']
['strata Schemes' 'civil Procedure' 'costs'] ['consent Orders' 'determination on the Merits' 'special Circumstances for Costs' 'owners Corporation' 'special by Laws' 'strata Manager Appointment']

Source-derived case record

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Procedural Posture

Strata Schemes Costs Application / Costs Determination After Substantive Strata Dispute Resolved by Consent Orders

Legal Issues

  1. 1 ['Whether consent orders made after settlement during the hearing constituted a determination on the merits for the purpose of considering costs.' 'Whether the Tribunal should exercise its discretion under section 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to make a costs order.' 'Whether special circumstances warranted an award of costs against the respondents.']

Ratio Decidendi

The Tribunal held that the consent orders did not constitute a determination on the merits because settlement occurred after the applicants' evidence but before the respondents adduced evidence. However, the Tribunal could still consider costs. The consent orders largely achieved the orders sought by the applicants, the applicants' claims were relatively strong, the respondents' maintained position was weak at best, and the respondents had not countenanced the orders sought until the consent orders. Those circumstances amounted to special circumstances warranting an award of costs under section 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Costs awarded to the applicants against the respondents on the ordinary basis, with those costs not to be levied on the applicants.

Orders

  • ['The respondents, Owners Corporation Strata Plan 64511, Grant Ritchie, Melanie Ritchie and Marie Baird, are to pay the costs of the applicants Ross Anderson and Jane Anderson, Andrew Fuller and Hillary Fuller, John Miller and Lorraine Miller, and Athol McIntyre and Helen McIntyre as agreed or assessed on the...