Turek v The Owners - Strata Plan No 70871 [2020] NSWCATAP 14

Turek v The Owners - Strata Plan No 70871 [2020] NSWCATAP 14

There are no special circumstances warranting an order for costs in favour of either party; each should pay their own costs of the appeal as neither party's conduct or the substance of the appeal justifies departure from the ordinary rule.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Appeal / Determination of Costs on Appeal
Outcome
No order as to costs; each party to pay their own costs.
Legal Topics
['costs on Appeal' 'special Circumstances for Costs']

Case Brief

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Procedural Posture

Appeal / Determination of Costs on Appeal

  1. 1 ['Whether there are special circumstances justifying an order for costs of the appeal']

Ratio Decidendi

There are no special circumstances warranting an order for costs in favour of either party; each should pay their own costs of the appeal as neither party's conduct or the substance of the appeal justifies departure from the ordinary rule.

Court Disposition

No order as to costs; each party to pay their own costs.

Orders

  • ['A hearing on costs is dispensed with.' 'The applications by the parties for an order for costs of the appeal are dismissed.']