Chalmers v The Owners – Strata Plan No. 19378 [2022] NSWCATCD 127

Chalmers v The Owners – Strata Plan No. 19378 [2022] NSWCATCD 127

There are no circumstances justifying departure from the usual position that costs will not be awarded where proceedings settle without a hearing on the merits, as both parties' conduct does not clearly warrant a costs order nor support a detailed factual enquiry.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Costs Application / Post Settlement, Decided on the Papers
Outcome
application for costs dismissed
Legal Topics
['costs' 'settlement' 'strata Schemes Management' 'access to Lot' 'consent Orders']
['civil Procedure' 'strata Title' 'consumer and Commercial'] ['costs' 'settlement' 'strata Schemes Management' 'access to Lot' 'consent Orders']

Case Brief

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Procedural Posture

Costs Application / Post Settlement, Decided on the Papers

Legal Issues

  1. 1 ['Whether circumstances justify departing from the usual position that costs are not awarded where proceedings are settled.' 'Whether the conduct of parties warrants a costs order following settlement.']

Ratio Decidendi

There are no circumstances justifying departure from the usual position that costs will not be awarded where proceedings settle without a hearing on the merits, as both parties' conduct does not clearly warrant a costs order nor support a detailed factual enquiry.

Court Disposition

application for costs dismissed

Orders

  • ['The application for costs is dismissed.']