The Owners - Strata Plan No 31284 v Mustafa, Young and Gallo [2022] NSWCATCD 136

The Owners - Strata Plan No 31284 v Mustafa, Young and Gallo [2022] NSWCATCD 136

The Tribunal dismissed the costs application because the procedural history was not sufficiently unusual or lengthy by reason of the respondents' actions, the respondents did not unnecessarily disadvantage the applicant or prolong the proceedings, and a dispute about access to a lot requiring Tribunal resolution was not out of the ordinary so as to constitute special circumstances under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
20 July 2022
Procedural Posture
Costs Application in Strata Schemes Proceedings / On the Papers After Tribunal Access Orders
Outcome
Costs application dismissed; oral hearing on costs dispensed with.
Legal Topics
['application for Costs' 'special Circumstances' 'access to Lot for Repairs' 'owners Corporation Duties']
['costs' 'strata Schemes'] ['application for Costs' 'special Circumstances' 'access to Lot for Repairs' 'owners Corporation Duties']

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Procedural Posture

Costs Application in Strata Schemes Proceedings / On the Papers After Tribunal Access Orders

Legal Issues

  1. 1 ['Whether special circumstances existed under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an award of costs to the applicant.' 'Whether the respondents conducted the proceedings in a way that unnecessarily disadvantaged the applicant or prolonged unreasonably the time taken to complete the proceedings.']

Ratio Decidendi

The Tribunal dismissed the costs application because the procedural history was not sufficiently unusual or lengthy by reason of the respondents' actions, the respondents did not unnecessarily disadvantage the applicant or prolong the proceedings, and a dispute about access to a lot requiring Tribunal resolution was not out of the ordinary so as to constitute special circumstances under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Costs application dismissed; oral hearing on costs dispensed with.

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 costs application in Matter SC 21/09731 is dismissed.']