The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245

The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245

The Appeal Panel held that the Owners Corporation did not establish any error of law or basis for leave to appeal. The Tribunal had correctly considered s 60 of the NCAT Act and was entitled to consider the principles in Lai Qin and ONE.TEL in deciding whether the circumstances of settlement without a merits hearing amounted to special circumstances. On the material before it, the Tribunal was open to find that the Owners Corporation effectively surrendered to Ms Price, maintained resistance unreasonably, unnecessarily prolonged the proceedings including through the Anshun Estoppel application, and thereby caused disadvantage warranting a costs order. The challenged findings were factual...

Jurisdiction
Australia
Judgment Date
23 November 2020
Procedural Posture
Internal Appeal From a Costs Order Made Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw) / Appeal Panel; Application for Leave to Appeal and Appeal Determined on the Papers
Outcome
The Owners Corporation's application for leave to appeal was refused and the appeal was dismissed.
Legal Topics
['ncat Internal Appeal' 'special Circumstances for Costs' 'discretionary Costs Order' 'leave to Appeal' 'substantial Miscarriage of Justice' 'common Property Rights by Law' 'minor Renovations by Law']
['civil Procedure' 'costs' 'strata Schemes' 'administrative Law'] ['ncat Internal Appeal' 'special Circumstances for Costs' 'discretionary Costs Order' 'leave to Appeal' 'substantial Miscarriage of Justice' 'common Property Rights by Law' 'minor Renovations by Law']

Case Brief

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Procedural Posture

Internal Appeal From a Costs Order Made Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw) / Appeal Panel; Application for Leave to Appeal and Appeal Determined on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal made an error of law in finding special circumstances warranting a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the Tribunal applied the wrong legal principles, identified the wrong issue, or asked the wrong question when considering costs after proceedings were resolved without a hearing on the merits.' 'Whether it was open to the Tribunal to find that the Owners Corporation effectively surrendered to Ms Price and unreasonably prolonged the proceedings.' 'Whether the Tribunal took into account irrelevant considerations or made findings not supported by evidence.' 'Whether leave to appeal should be granted because the Owners Corporation may have suffered a substantial miscarriage of justice.']

Ratio Decidendi

The Appeal Panel held that the Owners Corporation did not establish any error of law or basis for leave to appeal. The Tribunal had correctly considered s 60 of the NCAT Act and was entitled to consider the principles in Lai Qin and ONE.TEL in deciding whether the circumstances of settlement without a merits hearing amounted to special circumstances. On the material before it, the Tribunal was open to find that the Owners Corporation effectively surrendered to Ms Price, maintained resistance unreasonably, unnecessarily prolonged the proceedings including through the Anshun Estoppel application, and thereby caused disadvantage warranting a costs order. The challenged findings were factual...

Court Disposition

The Owners Corporation's application for leave to appeal was refused and the appeal was dismissed.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing of the appeal of the Owners Corporation is dispensed with.' "The Owners Corporation's application for leave to appeal is refused." 'The appeal is dismissed.']