Sunaust Properties Pty Ltd v The Owners Strata Plan no 64807 (Costs) [2023] NSWCATAP 43

Sunaust Properties Pty Ltd v The Owners Strata Plan no 64807 (Costs) [2023] NSWCATAP 43

The complexity of the proceedings and the jurisdictional issues raised amounted to 'special circumstances' under s 60 of the NCAT Act, justifying an order for costs in favour of the Appellant on an ordinary basis but not on an indemnity basis as no genuine compromise was unreasonably refused.

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Appeal / Costs Determination Following Successful Appeal and Remittal Order
Outcome
Orders for costs made in favour of the Appellant; previous adverse costs order set aside; no indemnity costs; other interlocutory costs orders remain; orders made on the papers.
Legal Topics
['costs Orders' 'jurisdiction' 'appeal Process' 'indemnity Costs' 'settlement Offers']
['administrative Law' 'strata Law'] ['costs Orders' 'jurisdiction' 'appeal Process' 'indemnity Costs' 'settlement Offers']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Successful Appeal and Remittal Order

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant a costs order under s 60 of the Civil & Administrative Tribunal Act 2013 (NSW)' 'Whether costs should be awarded on an indemnity basis or ordinary basis' 'Whether previous costs orders should be vacated given the outcome of appeal and remittal' 'Whether refusal of Calderbank offers was unreasonable']

Ratio Decidendi

The complexity of the proceedings and the jurisdictional issues raised amounted to 'special circumstances' under s 60 of the NCAT Act, justifying an order for costs in favour of the Appellant on an ordinary basis but not on an indemnity basis as no genuine compromise was unreasonably refused.

Court Disposition

Orders for costs made in favour of the Appellant; previous adverse costs order set aside; no indemnity costs; other interlocutory costs orders remain; orders made on the papers.

Orders

  • ["The Respondent is to pay the Appellant's costs on the ordinary basis as agreed or as assessed in appeals 2022/00035175 and 2022/00118800 and in the first instance proceedings SC21/02639." 'Order 2 made on 28 March 2022 in SC21/02639 is set aside.' 'Other costs orders made at first instance or in the appeals are...