The Owners Strata Plan No. 58146 v Peter Faeghi [2012] NSWDC 13

The Owners Strata Plan No. 58146 v Peter Faeghi [2012] NSWDC 13

The plaintiff's case was arguably sound both on legal and merits grounds, and was not 'lacking in substance' within the meaning of s 104; thus, it was not open to the CTTT to award costs against the plaintiff on that basis.

Parties
Plaintiff: The Owners Strata Plan No. 58146; Defendant: Peter Faeghi
Jurisdiction
Australia
Judgment Date
23 February 2012
Procedural Posture
Appeal / Determination of Costs Appeal
Outcome
appeal allowed
Legal Topics
CTTT Costs, Community Scheme, Unit Entitlements
Property Law CTTT Costs Community Scheme Unit Entitlements

Case Brief

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Parties

The Owners Strata Plan No. 58146

Plaintiff

Peter Faeghi

Defendant

Procedural Posture

Appeal / Determination of Costs Appeal

Legal Issues

  1. 1 Whether the CTTT was correct to award costs against the plaintiff on the basis that the application was 'lacking in substance' within the meaning of s 104 of the Community Land Management Act 1989

Ratio Decidendi

The plaintiff's case was arguably sound both on legal and merits grounds, and was not 'lacking in substance' within the meaning of s 104; thus, it was not open to the CTTT to award costs against the plaintiff on that basis.

Court Disposition

appeal allowed

Orders

  • The costs order made by the CTTT is set aside