The Owners - Strata Plan No. 36965 v Alexander (No. 2) [2022] NSWCATAP 81

The Owners - Strata Plan No. 36965 v Alexander (No. 2) [2022] NSWCATAP 81

The Tribunal was not satisfied that special circumstances warranted a costs order. Although the appeal was lodged out of time and there had been some non-compliance with directions, those matters did not unreasonably prolong the proceedings or prevent determination of the appeal. The adjournment was attributable...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Costs Application in Appeal Proceedings / On the Papers After Dismissal of Appeal
Outcome
Costs application dismissed.
Legal Topics
['costs' 'appeal Out of Time' 'special Circumstances' 'assistance Animals' 'strata by Laws']
['civil Procedure' 'strata Schemes'] ['costs' 'appeal Out of Time' 'special Circumstances' 'assistance Animals' 'strata by Laws']

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Procedural Posture

Costs Application in Appeal Proceedings / On the Papers After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether a hearing of the costs application should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether special circumstances warranted an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the appellant unreasonably prolonged the proceedings or failed to comply with its duty under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the appeal was frivolous, vexatious, misconceived or lacking in substance.' "Whether refusal of the respondent's offer of compromise was unreasonable."]

Ratio Decidendi

The Tribunal was not satisfied that special circumstances warranted a costs order. Although the appeal was lodged out of time and there had been some non-compliance with directions, those matters did not unreasonably prolong the proceedings or prevent determination of the appeal. The adjournment was attributable partly to late submissions and to a jurisdictional issue raised by the Appeal Panel. The respondent's jurisdictional argument failed and therefore did not support costs in her favour. The appeal grounds were weak, but there was a genuine dispute about the dog's barking and its effect on lot owners, so the proceedings were not frivolous, vexatious or lacking in substance. Refusal...

Court Disposition

Costs application dismissed.

Orders

  • ['A hearing of the costs application is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application for costs is dismissed.']