The Owners - Strata Plan No 2661 v Selkirk [2024] NSWCATEN 4

The Owners - Strata Plan No 2661 v Selkirk [2024] NSWCATEN 4

The Tribunal declined to make an order for costs as it was not satisfied that special circumstances existed; both parties acted reasonably and withdrawal of the contempt application was not out of the ordinary. However, it ordered that the Owners are restrained from applying any funds paid or payable to them by Selkirk towards the Owners' costs of these proceedings, ensuring that Selkirk does not contribute to costs through her Strata Lot levies.

Parties
Applicant: The Owners – Strata Plan No 2661; Respondent: Simone Selkirk
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Contempt Application (enforcement) / Costs Determination Following Withdrawal of Contempt Application
Outcome
No order as to costs; Owners restrained from applying funds paid or payable by Selkirk to Owners' costs of proceedings.
Legal Topics
Contempt, Costs, Special Circumstances, Enforcement
Civil Procedure Strata Law Contempt Costs Special Circumstances Enforcement

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Parties

The Owners – Strata Plan No 2661

Applicant

Simone Selkirk

Respondent

Procedural Posture

Contempt Application (enforcement) / Costs Determination Following Withdrawal of Contempt Application

Legal Issues

  1. 1 Whether withdrawal of a contempt application constitutes 'special circumstances' warranting a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether Selkirk should be indemnified against contributions toward the Owners' costs through her Strata Lot levies

Ratio Decidendi

The Tribunal declined to make an order for costs as it was not satisfied that special circumstances existed; both parties acted reasonably and withdrawal of the contempt application was not out of the ordinary. However, it ordered that the Owners are restrained from applying any funds paid or payable to them by Selkirk towards the Owners' costs of these proceedings, ensuring that Selkirk does not contribute to costs through her Strata Lot levies.

Court Disposition

No order as to costs; Owners restrained from applying funds paid or payable by Selkirk to Owners' costs of proceedings.

Orders

  • Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing of this application.
  • Pursuant to s 60(4) of the Civil and Administrative Tribunal Act 2013 (NSW), the Owners Strata 2661 are restrained from applying any funds held to the credit of Simone Selkirk or payable by her to it towards or for the purposes of paying the Owners' costs of or incidental to these proceedings.