The Owners-Strata Plan No.100526 v Hamdan (No 2) [2025] NSWCATAP 16

The Owners-Strata Plan No.100526 v Hamdan (No 2) [2025] NSWCATAP 16

The Panel found that none of the appellant's arguments constituted special circumstances within the meaning of section 60 of the Civil and Administrative Tribunal Act 2013 (NSW), so an award of costs was not justified.

Parties
Appellant: The Owners – Strata Plan No. 100526; First Respondent: Rolla Hamdan; Second Respondent: Charlie Hamdan
Jurisdiction
Australia
Judgment Date
22 January 2025
Procedural Posture
Appeal / Costs Application Following Appeal Decision
Outcome
Application for costs dismissed.
Legal Topics
Costs of Appeal, Strata Title
Strata Law Administrative Law Costs of Appeal Strata Title

Case Brief

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Parties

The Owners – Strata Plan No. 100526

Appellant

Rolla Hamdan

First Respondent

Charlie Hamdan

Second Respondent

Procedural Posture

Appeal / Costs Application Following Appeal Decision

Legal Issues

  1. 1 Whether special circumstances warrant an award of costs under section 60 of the Civil and Administrative Tribunal Act 2013 (NSW) in appeal proceedings

Ratio Decidendi

The Panel found that none of the appellant's arguments constituted special circumstances within the meaning of section 60 of the Civil and Administrative Tribunal Act 2013 (NSW), so an award of costs was not justified.

Court Disposition

Application for costs dismissed.

Orders

  • The application for costs is dismissed.