Titus v Eddington [2019] NSWCATCD 93

Titus v Eddington [2019] NSWCATCD 93

No special circumstances were established to warrant an order for costs against the applicants. Filing voluminous affidavits and the non-compliance of expert evidence did not amount to special circumstances, and there was no misconduct or conduct unnecessarily disadvantaging the respondent.

Jurisdiction
Australia
Judgment Date
31 July 2019
Procedural Posture
Application for Reallocation of Unit Entitlement Under Strata Schemes Management Act 1996 / Costs Determination Following Dismissal of Substantive Application
Outcome
Each party to pay its own costs of the proceedings.
Legal Topics
['reallocation of Unit Entitlement' 'special Circumstances in Costs Orders']
['strata Law' 'costs'] ['reallocation of Unit Entitlement' 'special Circumstances in Costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Reallocation of Unit Entitlement Under Strata Schemes Management Act 1996 / Costs Determination Following Dismissal of Substantive Application

Legal Issues

  1. 1 ['Whether special circumstances exist warranting a costs order against the applicants under s60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

No special circumstances were established to warrant an order for costs against the applicants. Filing voluminous affidavits and the non-compliance of expert evidence did not amount to special circumstances, and there was no misconduct or conduct unnecessarily disadvantaging the respondent.

Court Disposition

Each party to pay its own costs of the proceedings.

Orders

  • ['Each party shall pay its own costs of the proceedings.']