The Owners – Strata Plan No. 54026 v Evans [2022] NSWCATCD 73
No special circumstances were found warranting a costs order, as the proceedings were straightforward, the conduct of the respondent was not unreasonable, and the applicant's incurred costs were disproportionate to the subject matter. The default position that each party bears their own costs applies.
- Jurisdiction
- Australia
- Judgment Date
- 02 May 2022
- Procedural Posture
- Tribunal Application / Costs Determination After Substantive Access Order by Consent
- Outcome
- Each party to pay their own costs.
- Legal Topics
- ['costs' 'access Orders' 'special Circumstances Under S 60 Civil and Administrative Tribunal Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Tribunal Application / Costs Determination After Substantive Access Order by Consent
Legal Issues
- 1 ['Whether special circumstances warrant an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013' 'Whether rule 38(2)(b) of the Civil and Administrative Tribunal Rules 2014 applied to these proceedings']
Ratio Decidendi
No special circumstances were found warranting a costs order, as the proceedings were straightforward, the conduct of the respondent was not unreasonable, and the applicant's incurred costs were disproportionate to the subject matter. The default position that each party bears their own costs applies.
Court Disposition
Each party to pay their own costs.
Orders
- ['The Tribunal dispenses with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'Each party is to pay their own costs.']
Full Case Text
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