The Owners - Strata Plan No 70871 v Turek [2020] NSWCATAP 29

The Owners - Strata Plan No 70871 v Turek [2020] NSWCATAP 29

There were no special circumstances found in the nature or conduct of the stay application to warrant a departure from the usual rule that each party bears their own costs; the application for costs was dismissed.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Appeal / Decision on Application for Costs Following Refusal of Stay Application During Appeal
Outcome
Application for costs dismissed; hearing of the application for costs dispensed with.
Legal Topics
['costs' 'stay of Proceedings' 'strata Title Law']
['civil Procedure'] ['costs' 'stay of Proceedings' 'strata Title Law']

Case Brief

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Procedural Posture

Appeal / Decision on Application for Costs Following Refusal of Stay Application During Appeal

Legal Issues

  1. 1 ["Whether special circumstances exist to justify an order for costs on a stay application in the Tribunal's Appeal Panel"]

Ratio Decidendi

There were no special circumstances found in the nature or conduct of the stay application to warrant a departure from the usual rule that each party bears their own costs; the application for costs was dismissed.

Court Disposition

Application for costs dismissed; hearing of the application for costs dispensed with.

Orders

  • ['A hearing of the application for costs is dispensed with.' 'The application is dismissed.']