The Owners – Strata Plan No 20427 v A Halliwell Nominees Pty Ltd (No 2) [2022] NSWCATAP 268

The Owners – Strata Plan No 20427 v A Halliwell Nominees Pty Ltd (No 2) [2022] NSWCATAP 268

The amount in dispute in the appeal did not exceed $30,000 and there was no realistic prospect that the wealth of the Owners Corporation would have been changed by more than $30,000 as a result of the appeal. Therefore, rules 38 and 38A did not apply, and under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), each party should bear their own costs. No special circumstances were established to warrant a costs order.

Jurisdiction
Australia
Judgment Date
12 August 2022
Procedural Posture
Internal Appeal / Costs Application Following Dismissal of Appeal
Outcome
application for costs dismissed
Legal Topics
['costs' 'strata Law' 'appeal Procedures']
['civil Procedure'] ['costs' 'strata Law' 'appeal Procedures']

Case Brief

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Procedural Posture

Internal Appeal / Costs Application Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether respondents are entitled to costs of the appeal under rule 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) or s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

The amount in dispute in the appeal did not exceed $30,000 and there was no realistic prospect that the wealth of the Owners Corporation would have been changed by more than $30,000 as a result of the appeal. Therefore, rules 38 and 38A did not apply, and under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), each party should bear their own costs. No special circumstances were established to warrant a costs order.

Court Disposition

application for costs dismissed

Orders

  • ['An oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application for costs is dismissed.']