The Owners – Strata Plan 20211 v Rosenthal; Rosenthal v The Owners – Strata Plan SP 20211 [2019] NSWCATAP 49

The Owners – Strata Plan 20211 v Rosenthal; Rosenthal v The Owners – Strata Plan SP 20211 [2019] NSWCATAP 49

The Appeal Panel was not satisfied that there were special circumstances warranting a costs order in either appeal. Although the substantive appeal involved complex issues and had a mixed outcome, complexity alone was not a special circumstance, no grounds or responses were untenable, and neither party conducted the appeal in a way that unnecessarily disadvantaged the other or unreasonably prolonged the proceedings. The 12 April 2018 offer did not justify a costs order because refusal was not shown to be unreasonable, including because there was only partial compromise and the Owners were given only one day to accept. The unsuccessful costs appeal was not shown to be hopeless, lacking...

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Internal Appeals Costs Determination / Appeal Panel, on the Papers
Outcome
No order as to costs in either appeal; each party is to pay its own costs. Hearing on costs dispensed with.
Legal Topics
['special Circumstances Warranting Costs' 'calderbank Offer' 'dispensing With a Hearing' 'internal Appeal Costs']
['costs' 'civil and Administrative Tribunal Procedure' 'strata Schemes'] ['special Circumstances Warranting Costs' 'calderbank Offer' 'dispensing With a Hearing' 'internal Appeal Costs']

Case Brief

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Procedural Posture

Internal Appeals Costs Determination / Appeal Panel, on the Papers

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'Whether special circumstances warranted an order for costs in AP 17/41893.' "Whether refusal of the OC's settlement offer constituted special circumstances warranting a costs order." 'Whether special circumstances warranted an order for costs in AP 18/00172.']

Ratio Decidendi

The Appeal Panel was not satisfied that there were special circumstances warranting a costs order in either appeal. Although the substantive appeal involved complex issues and had a mixed outcome, complexity alone was not a special circumstance, no grounds or responses were untenable, and neither party conducted the appeal in a way that unnecessarily disadvantaged the other or unreasonably prolonged the proceedings. The 12 April 2018 offer did not justify a costs order because refusal was not shown to be unreasonable, including because there was only partial compromise and the Owners were given only one day to accept. The unsuccessful costs appeal was not shown to be hopeless, lacking...

Court Disposition

No order as to costs in either appeal; each party is to pay its own costs. Hearing on costs dispensed with.

Orders

  • ['A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'Appeal AP 17/41893: No order as to costs and each party is to pay its own costs.' 'Appeal AP 18/00172: No order as to costs and each party is to pay its own costs.']