The Owners Strata Plan No 14172 v Cai (No 2) [2020] NSWCATAP 46

The Owners Strata Plan No 14172 v Cai (No 2) [2020] NSWCATAP 46

Because the parties had an opportunity to make submissions and the costs issue could be adequately determined on written material, a hearing was dispensed with. The respondents were successful on the appeal, no disentitling conduct was established, and no other consideration displaced the usual position that they should recover costs of and incidental to the appeal on the ordinary basis. However, because the respondents provided no invoices or other substantiation for the fixed sums claimed, the Appeal Panel was not satisfied that it could fairly determine a fixed amount from the available materials, so costs were ordered as agreed or assessed.

Jurisdiction
Australia
Judgment Date
16 March 2020
Procedural Posture
Costs Application in NCAT Appeal Panel Proceedings / After Dismissal of Appeal; Costs of the Appeal Determined on the Papers
Outcome
The respondents' applications for costs were allowed in part: the appellant was ordered to pay the respondents' costs of the appeal as agreed or assessed, but no fixed sum costs order was made.
Legal Topics
['costs of Appeal' 'dispensing With Hearing' 'fixed Sum Costs Orders' 'party Party Costs' 'strata Scheme Water Damage Dispute']
['costs' 'civil Procedure' 'strata Schemes'] ['costs of Appeal' 'dispensing With Hearing' 'fixed Sum Costs Orders' 'party Party Costs' 'strata Scheme Water Damage Dispute']

Case Brief

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Procedural Posture

Costs Application in NCAT Appeal Panel Proceedings / After Dismissal of Appeal; Costs of the Appeal Determined on the Papers

Legal Issues

  1. 1 ['Whether a hearing on the question of costs of the appeal should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' "Whether the appellant should pay the respondents' costs of the appeal." 'Whether costs should be ordered in fixed amounts of $5,500 each or as agreed or assessed.']

Ratio Decidendi

Because the parties had an opportunity to make submissions and the costs issue could be adequately determined on written material, a hearing was dispensed with. The respondents were successful on the appeal, no disentitling conduct was established, and no other consideration displaced the usual position that they should recover costs of and incidental to the appeal on the ordinary basis. However, because the respondents provided no invoices or other substantiation for the fixed sums claimed, the Appeal Panel was not satisfied that it could fairly determine a fixed amount from the available materials, so costs were ordered as agreed or assessed.

Court Disposition

The respondents' applications for costs were allowed in part: the appellant was ordered to pay the respondents' costs of the appeal as agreed or assessed, but no fixed sum costs order was made.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs of the appeal is dispensed with.' "The appellant is to pay the respondents' costs of the appeal as agreed or assessed."]