Selkirk v The Owners – Strata Plan No. 2661 [2022] NSWSC 858

Selkirk v The Owners – Strata Plan No. 2661 [2022] NSWSC 858

Although the parties agreed that transfer to NCAT was appropriate, the first defendant did not establish that all claims were always within NCAT's remit or that the plaintiff acted unreasonably in commencing or conducting the Supreme Court proceedings. Because little had occurred beyond debate about forum and settlement efforts, and the underlying dispute remained unresolved, the appropriate order was to transfer the proceedings and make no order as to costs, including the Notice of Motion costs.

Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Equity Proceedings Concerning a Strata Scheme Dispute / Notice of Motion for Transfer to NCAT and Determination of Costs on the Papers Before Defences Filed
Outcome
Proceedings transferred to the Consumer and Commercial Division of the New South Wales Civil and Administrative Tribunal, Sydney Registry. No order as to costs.
Legal Topics
['transfer of Proceedings to New South Wales Civil and Administrative Tribunal' 'costs Thrown Away' 'strata Levies' 'water Damage' 'noise From Strata Lot' 'ncat Jurisdiction' 'australian Consumer Law Unconscionable Conduct']
['costs' 'strata Schemes' 'civil Procedure'] ['transfer of Proceedings to New South Wales Civil and Administrative Tribunal' 'costs Thrown Away' 'strata Levies' 'water Damage' 'noise From Strata Lot' 'ncat Jurisdiction' 'australian Consumer Law Unconscionable Conduct']

Case Brief

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Procedural Posture

Equity Proceedings Concerning a Strata Scheme Dispute / Notice of Motion for Transfer to NCAT and Determination of Costs on the Papers Before Defences Filed

Legal Issues

  1. 1 ['Whether the proceedings should be transferred to the New South Wales Civil and Administrative Tribunal by consent.' "Whether the plaintiff should pay the first defendant's costs thrown away by the commencement of the proceedings." "Whether the first defendant should pay the plaintiff's costs of the Notice of Motion filed on 6 May 2022."]

Ratio Decidendi

Although the parties agreed that transfer to NCAT was appropriate, the first defendant did not establish that all claims were always within NCAT's remit or that the plaintiff acted unreasonably in commencing or conducting the Supreme Court proceedings. Because little had occurred beyond debate about forum and settlement efforts, and the underlying dispute remained unresolved, the appropriate order was to transfer the proceedings and make no order as to costs, including the Notice of Motion costs.

Court Disposition

Proceedings transferred to the Consumer and Commercial Division of the New South Wales Civil and Administrative Tribunal, Sydney Registry. No order as to costs.

Orders

  • ['Order pursuant to cl 6(2) of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW) that the proceedings be transferred to the Consumer and Commercial Division of the New South Wales Civil and Administrative Tribunal, Sydney Registry, to continue before the Tribunal as if the proceedings had been...