The Owners Strata Plan No. 2000 v Bylinska [2019] NSWCATAP 151

The Owners Strata Plan No. 2000 v Bylinska [2019] NSWCATAP 151

Given that the grant of leave for legal representation was subject to the condition that no costs would be recovered, and no application for costs was made within time, it is appropriate to refuse to make an order for costs.

Parties
Appellant: The Owners Strata Plan No. 2000; Respondent: Elizabeth Bylinska
Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Appeal / Post Appeal Costs Determination
Outcome
Application for costs order in the appeal refused
Legal Topics
Costs Application, Legal Representation, Appeal Proceedings
Costs Costs Application Legal Representation Appeal Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

The Owners Strata Plan No. 2000

Appellant

Elizabeth Bylinska

Respondent

Procedural Posture

Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Whether a costs order should be made in the appeal given prior leave for legal representation subject to no recovery of legal costs
  2. 2 Effect of the previous directions and leave on the costs application

Ratio Decidendi

Given that the grant of leave for legal representation was subject to the condition that no costs would be recovered, and no application for costs was made within time, it is appropriate to refuse to make an order for costs.

Court Disposition

Application for costs order in the appeal refused

Orders

  • An application for a costs order in the appeal is refused.