The Owners – Strata Plan No 14172 v Cai [2020] NSWCATAP 10

The Owners – Strata Plan No 14172 v Cai [2020] NSWCATAP 10

No error of law or miscarriage of justice was established in the Tribunal’s exercise of its discretion to award costs to the respondents on the usual principle that costs follow the event once jurisdiction was determined against the Owners; leave to appeal refused and appeal dismissed.

Jurisdiction
Australia
Judgment Date
21 January 2020
Procedural Posture
Appeal / Appeal Determination
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
['costs' 'appeals' 'strata Title' 'jurisdiction' 'transfer of Proceedings']
['civil Procedure' 'property Law'] ['costs' 'appeals' 'strata Title' 'jurisdiction' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Appeal / Appeal Determination

Legal Issues

  1. 1 ['Whether Tribunal erred in the exercise of its costs discretion when transferring proceedings to the Local Court' 'Whether leave to appeal should be granted regarding the costs order and its fairness or reasonableness']

Ratio Decidendi

No error of law or miscarriage of justice was established in the Tribunal’s exercise of its discretion to award costs to the respondents on the usual principle that costs follow the event once jurisdiction was determined against the Owners; leave to appeal refused and appeal dismissed.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.' 'If a party seeks an order for costs of the appeal, written submissions may be filed within 14 days of publication of these reasons.' 'If such submissions are filed, other parties may respond within 14 days thereafter.' 'Submissions on costs should address whether...