Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 [2019] NSWCATAP 91

Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 [2019] NSWCATAP 91

The Appeal Panel was not satisfied that either party had established special circumstances as required by s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to warrant an award of costs. The grounds of appeal and conduct of the appeal did not constitute such circumstances and the applications for costs by both parties were dismissed.

Parties
First Appellant: Feedback Deli Pty Ltd; Second Appellant: Feedback Holdings Pty Ltd; Third Appellant: Mr M Lipschitz; Respondent: The Owners – Strata Plan No 36613
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Costs Decision (appeal Panel) / Post Appeal, Costs Applications
Outcome
Applications for costs by both parties dismissed.
Legal Topics
Costs, Tribunal Procedure, Special Circumstances for Costs
Civil Procedure Costs Tribunal Procedure Special Circumstances for Costs

Case Brief

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Parties

Feedback Deli Pty Ltd

First Appellant

Feedback Holdings Pty Ltd

Second Appellant

Mr M Lipschitz

Third Appellant

The Owners – Strata Plan No 36613

Respondent

Procedural Posture

Costs Decision (appeal Panel) / Post Appeal, Costs Applications

Legal Issues

  1. 1 Whether special circumstances exist to warrant an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether the conduct of the parties justifies departure from the usual rule that each party bears its own costs

Ratio Decidendi

The Appeal Panel was not satisfied that either party had established special circumstances as required by s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to warrant an award of costs. The grounds of appeal and conduct of the appeal did not constitute such circumstances and the applications for costs by both parties were dismissed.

Court Disposition

Applications for costs by both parties dismissed.

Orders

  • A hearing be dispensed with.
  • The appellants' application for costs of the appeal is dismissed.