The Owners – Strata Plan 60590 v Whitman [2019] NSWCATAP 269

The Owners – Strata Plan 60590 v Whitman [2019] NSWCATAP 269

Neither party established 'special circumstances' warranting a costs order. Both sides made reasonable settlement efforts within a complex and ongoing dispute, and neither unreasonably prolonged resolution of the appeal. Therefore, each party should bear their own costs.

Parties
Appellant: The Owners – Strata Plan 60590; First Respondent: Lisa Whitman; Second Respondent: John Whitman
Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Appeal / Decision on Costs After Appeal Disposed by Consent Orders
Outcome
Each party's application for costs in respect of the appeal is dismissed, with no order for costs of the costs applications.
Legal Topics
Costs in Tribunal Proceedings, Interpretation of Common Property in Strata Schemes, Consent Orders in Appeals
Strata Law Administrative Law Costs in Tribunal Proceedings Interpretation of Common Property in Strata Schemes Consent Orders in Appeals

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Parties

The Owners – Strata Plan 60590

Appellant

Lisa Whitman

First Respondent

John Whitman

Second Respondent

Procedural Posture

Appeal / Decision on Costs After Appeal Disposed by Consent Orders

Legal Issues

  1. 1 Whether special circumstances exist warranting an award of costs on the appeal

Ratio Decidendi

Neither party established 'special circumstances' warranting a costs order. Both sides made reasonable settlement efforts within a complex and ongoing dispute, and neither unreasonably prolonged resolution of the appeal. Therefore, each party should bear their own costs.

Court Disposition

Each party's application for costs in respect of the appeal is dismissed, with no order for costs of the costs applications.

Orders

  • Each party's application for costs of the whole or part of the appeal is dismissed, with no order for costs of the costs applications.
  • If any party seeks a different order in respect of the costs of the costs applications, they are to write to the Appeal Panel with the order sought, short reasons for such order, and agreed directions for submissions about such an order.