Sultan v The Owners Strata Plan no 54721 (No 2) [2024] NSWCATAP 164

Sultan v The Owners Strata Plan no 54721 (No 2) [2024] NSWCATAP 164

No costs order was warranted for either party. The appeal concerning the monetary order involved less than $30,000, so rules 38 and 38A were not engaged, and although one ground was described as misconceived it did not amount to special circumstances warranting costs. The Appellant's successful appeal concerning her own application also did not involve an amount claimed or in dispute exceeding $30,000; the late quotation for common property work was untested and speculative as to any effect on the Appellant's wealth, and her unit entitlement meant she would bear only a small percentage of any such work. The Appellant did not establish special circumstances because she had not beaten the...

Jurisdiction
Australia
Judgment Date
28 August 2024
Procedural Posture
Costs Applications in an Internal Appeal Concerning Strata Scheme Proceedings / Appeal Panel Determination on the Papers After Substantive Appeal
Outcome
Both parties' applications for costs of the appeal to be paid by the other party were dismissed; a further hearing of the costs applications was dispensed with.
Legal Topics
['costs of Appeal' 'special Circumstances for Costs' 'internal Appeals' 'recovery of Strata Levies and Expenses' 'calderbank Offer' 'procedural Fairness' 'strata Levies for Legal Costs']
['costs' 'strata Schemes' 'civil and Administrative Tribunal Procedure'] ['costs of Appeal' 'special Circumstances for Costs' 'internal Appeals' 'recovery of Strata Levies and Expenses' 'calderbank Offer' 'procedural Fairness' 'strata Levies for Legal Costs']

Case Brief

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Procedural Posture

Costs Applications in an Internal Appeal Concerning Strata Scheme Proceedings / Appeal Panel Determination on the Papers After Substantive Appeal

Legal Issues

  1. 1 ["Whether a hearing of the parties' respective costs applications should be dispensed with." 'Whether the Respondent should be awarded costs of the appeal concerning the monetary order for unpaid strata levies and related amounts.' 'Whether the Appellant should be awarded costs of the appeal concerning her application for repair work and compensation.' 'Whether rules 38 and 38A of the Civil & Administrative Tribunal Rules 2014 (NSW) were engaged because the amount claimed or in dispute exceeded $30,000.' 'Whether special circumstances existed under s 60 of the Civil & Administrative Tribunal Act 2013 (NSW) warranting an award of costs.' "Whether the Respondent's refusal to accept the Appellant's Calderbank offer was unreasonable." 'Whether orders should be made under s 90 of the Strata Schemes Management Act 2015 (NSW).']

Ratio Decidendi

No costs order was warranted for either party. The appeal concerning the monetary order involved less than $30,000, so rules 38 and 38A were not engaged, and although one ground was described as misconceived it did not amount to special circumstances warranting costs. The Appellant's successful appeal concerning her own application also did not involve an amount claimed or in dispute exceeding $30,000; the late quotation for common property work was untested and speculative as to any effect on the Appellant's wealth, and her unit entitlement meant she would bear only a small percentage of any such work. The Appellant did not establish special circumstances because she had not beaten the...

Court Disposition

Both parties' applications for costs of the appeal to be paid by the other party were dismissed; a further hearing of the costs applications was dispensed with.

Orders

  • ["Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 a hearing of the parties' respective costs applications is dispensed with." 'The applications of the parties for costs of the appeal to be paid by the other party are dismissed.']