Chua v The Owners Strata Plan No 89866 [2019] NSWCATCD 85

Chua v The Owners Strata Plan No 89866 [2019] NSWCATCD 85

The Tribunal found that the applicant's late withdrawal of her application without notice to the respondent constituted special circumstances warranting a limited costs order in favour of the respondent for hearing time and preparation thrown away, but that costs for broader preparation or evidence should not be ordered due to the respondent's own late actions and the limited scope of the remaining dispute.

Parties
Applicant: Siew Lee Chua; Respondent: The Owners - Strata Plan No 89866
Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Costs Application (aftermath of Withdrawn Strata Application) / Decision on Costs, After Withdrawal and Remittal From Appeal Panel
Outcome
Applicant to pay respondent's costs of hearing attendance and preparation, as agreed or assessed, application otherwise dismissed.
Legal Topics
Costs, Applications for Withdrawal, Notice Requirements in Withdrawal, Special Circumstances for Costs
Civil Procedure Strata Law Costs Applications for Withdrawal Notice Requirements in Withdrawal Special Circumstances for Costs

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Parties

Siew Lee Chua

Applicant

The Owners - Strata Plan No 89866

Respondent

Procedural Posture

Costs Application (aftermath of Withdrawn Strata Application) / Decision on Costs, After Withdrawal and Remittal From Appeal Panel

Legal Issues

  1. 1 Whether special circumstances exist to justify a costs order against the applicant upon late withdrawal of a strata scheme application without notice to the respondent.

Ratio Decidendi

The Tribunal found that the applicant's late withdrawal of her application without notice to the respondent constituted special circumstances warranting a limited costs order in favour of the respondent for hearing time and preparation thrown away, but that costs for broader preparation or evidence should not be ordered due to the respondent's own late actions and the limited scope of the remaining dispute.

Court Disposition

Applicant to pay respondent's costs of hearing attendance and preparation, as agreed or assessed, application otherwise dismissed.

Orders

  • A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • The applicant shall pay the respondent's costs of the hearing thrown away by reason of the late withdrawal, limited to three hours attendance and three hours preparation, as agreed or assessed.