Gleeson v The Owners – Strata Plan No 48226 (No 2) [2018] NSWCATAP 268

The application for costs was dismissed as r 38 did not apply because there was no specific claim for payment of more than $30,000.00, and no special circumstances sufficient to warrant departure from the usual rule as to costs under s 60 could be established from the appellants' submissions or the conduct of the proceedings.

Jurisdiction: Australia
Judgment Date: 14 November 2018
Procedural Posture: Appeal / Costs Determination Following Substantive Appeal Decision
Outcome: Application for costs dismissed
Legal Topics: ['costs on Appeal' 'special Circumstances for Costs' 'civil and Administrative Tribunal Procedures']

['costs'] ['costs on Appeal' 'special Circumstances for Costs' 'civil and Administrative Tribunal Procedures']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Costs Determination Following Substantive Appeal Decision

Legal Issues

1 ['Whether the appellants are entitled to an order for costs in appeal and in the original Tribunal proceedings' 'Whether r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) applies where the amount in dispute is alleged to be more than $30,000' 'Whether special circumstances exist justifying a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

Court Disposition

Application for costs dismissed

Orders

['A hearing on the issue of costs is dispensed with.' "The appellants' application for costs is dismissed."]