Strata 778 Pty Ltd v Enright (No 2) [2020] NSWCATAP 71

Strata 778 Pty Ltd v Enright (No 2) [2020] NSWCATAP 71

Rule 38 and 38A of the NCAT Rules do not apply to the costs application in the Appeal Panel proceedings as the amount realistically in dispute does not exceed $30,000. In the absence of special circumstances, and none being established or submitted, each party is to bear its own costs pursuant to s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW).

Parties
Appellant: Strata 778 Pty Ltd; First Respondent: Christian Francis Enright; Second Respondent: David McCabe
Jurisdiction
Australia
Judgment Date
30 April 2020
Procedural Posture
Appeal / Costs Application Following Appeal Decision
Outcome
Application for costs and other orders dismissed; each party to bear its own costs.
Legal Topics
Costs, Retail Leases, Appeals
Civil Procedure Costs Retail Leases Appeals

Case Brief

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Parties

Strata 778 Pty Ltd

Appellant

Christian Francis Enright

First Respondent

David McCabe

Second Respondent

Procedural Posture

Appeal / Costs Application Following Appeal Decision

Legal Issues

  1. 1 Whether the landlord is entitled to costs of the appeal without establishing 'special circumstances' under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) by reason of r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW)
  2. 2 Whether the amount claimed or in dispute in the appeal exceeds $30,000 so as to invoke r 38A of the NCAT Rules
  3. 3 Whether interest on costs or costs under the lease should be awarded to the landlord

Ratio Decidendi

Rule 38 and 38A of the NCAT Rules do not apply to the costs application in the Appeal Panel proceedings as the amount realistically in dispute does not exceed $30,000. In the absence of special circumstances, and none being established or submitted, each party is to bear its own costs pursuant to s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Application for costs and other orders dismissed; each party to bear its own costs.

Orders

  • An oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • The application for costs and other orders is dismissed.