The Owners – Strata Plan No. 16857 v Hyman (No2) [2023] NSWCATAP 58

The Owners – Strata Plan No. 16857 v Hyman (No2) [2023] NSWCATAP 58

There were sufficient special circumstances demonstrated by the appellant's conduct of the proceedings and the lack of merit in the appeal to warrant an order for costs in favour of the respondents under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
28 February 2023
Procedural Posture
Appeal / Costs Application After Refusal of Leave to Appeal
Outcome
Costs application granted
Legal Topics
['appeal' 'costs' 'legal Professional Privilege']
['civil Procedure'] ['appeal' 'costs' 'legal Professional Privilege']

Case Brief

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Procedural Posture

Appeal / Costs Application After Refusal of Leave to Appeal

Legal Issues

  1. 1 ['Whether special circumstances warrant a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether costs should be paid only from specific contributions']

Ratio Decidendi

There were sufficient special circumstances demonstrated by the appellant's conduct of the proceedings and the lack of merit in the appeal to warrant an order for costs in favour of the respondents under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Costs application granted

Orders

  • ['A hearing of the application for costs is dispensed with.' "The appellant is to pay the respondents' costs of the appeal on the ordinary basis as agreed, or failing agreement as assessed." 'Such costs must only be paid from contributions levied in respect of lots other than lots owned by the respondents.']