Shi Shi Cindy Lee v Dr Geoffrey Lee Jessica Talbert v Dr Geoffrey Lee & Sue Maree Olsen/Lee. Sue Maree Olsen v Shi Shi Cindy Lee, Jessica Talbert, GP Legal Solicitors [2014] NSWCATCD 181

Shi Shi Cindy Lee v Dr Geoffrey Lee Jessica Talbert v Dr Geoffrey Lee & Sue Maree Olsen/Lee. Sue Maree Olsen v Shi Shi Cindy Lee, Jessica Talbert, GP Legal Solicitors [2014] NSWCATCD 181

The Tribunal found it did not have jurisdiction to hear Ms Olsen's costs application as it was not a Home Building application but simply sought costs in other proceedings. The application was further found to be frivolous, vexatious, misconceived, lacking in substance, and without a tenable basis in fact or law.

Jurisdiction
Australia
Judgment Date
18 September 2014
Procedural Posture
Building Claim; Costs Application / Costs Application Determination
Outcome
Application dismissed
Legal Topics
['costs' 'frivolous and Vexatious Litigation' 'tribunal Jurisdiction']
['civil Procedure' 'building and Construction'] ['costs' 'frivolous and Vexatious Litigation' 'tribunal Jurisdiction']

Case Brief

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Procedural Posture

Building Claim; Costs Application / Costs Application Determination

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to determine the costs application filed by Ms Olsen' 'Whether the costs application is frivolous, vexatious or misconceived']

Ratio Decidendi

The Tribunal found it did not have jurisdiction to hear Ms Olsen's costs application as it was not a Home Building application but simply sought costs in other proceedings. The application was further found to be frivolous, vexatious, misconceived, lacking in substance, and without a tenable basis in fact or law.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed as frivolous, vexatious and misconceived.' 'The issue of costs in relation to this application is yet to be determined.']