The Owners – Strata Plan No. 54545 v Hudson [2023] NSWCATAP 89

The Owners – Strata Plan No. 54545 v Hudson [2023] NSWCATAP 89

Leave to appeal was refused and the appeal dismissed because the appellant failed to demonstrate any error of law or substantial miscarriage of justice in the Tribunal's exercise of discretion regarding costs. The Tribunal's findings were open, appropriately reasoned, and consistent with established principles. No special circumstances existed to warrant departure from s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW).

Parties
Appellant: The Owners – Strata Plan No. 54545; First Respondent: Nigel Hudson; Second Respondent: Patricia Stokes
Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Leave to Appeal, Special Circumstances, Legal Representation, Withdrawal of Applications
Administrative Law Strata Law Civil Procedure Costs Orders Leave to Appeal Special Circumstances Legal Representation Withdrawal of Applications

Case Brief

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Parties

The Owners – Strata Plan No. 54545

Appellant

Nigel Hudson

First Respondent

Patricia Stokes

Second Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether leave to appeal should be granted in relation to the Tribunal's costs order
  2. 2 Whether 'special circumstances' existed under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to warrant departure from the presumption each party pays its own costs
  3. 3 Whether errors of law or fact were made in the Tribunal's exercise of discretion

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the appellant failed to demonstrate any error of law or substantial miscarriage of justice in the Tribunal's exercise of discretion regarding costs. The Tribunal's findings were open, appropriately reasoned, and consistent with established principles. No special circumstances existed to warrant departure from s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Appeal dismissed

Orders

  • By consent, an order dispensing with a hearing as the Appeal Panel is satisfied that the issues for determination can be adequately determined in the absence of the parties by considering any written submissions and other documents or material lodged with or provided to the Appeal Panel.
  • Refuse leave to appeal.