McDonnell v The Owners Strata Plan No 64191 (No. 2) [2020] NSWCATAP 16

McDonnell v The Owners Strata Plan No 64191 (No. 2) [2020] NSWCATAP 16

The appeal panel found that the appellants' abandonment of grounds of appeal, both before and at the hearing, constituted special circumstances justifying costs orders in favour of the respondent for specific periods, pursuant to s60 of the Civil and Administrative Tribunal Act 2013.

Jurisdiction
Australia
Judgment Date
31 January 2020
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Costs awarded in favour of the respondent for specified periods; no further costs ordered beyond 2 July 2019.
Legal Topics
['costs' 'special Circumstances' 'abandonment of Grounds of Appeal']
['tribunal Law'] ['costs' 'special Circumstances' 'abandonment of Grounds of Appeal']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances existed to justify an award of costs against the appellants under s60 of the Civil and Administrative Tribunal Act 2013' "Whether the appellants' abandonment of grounds of appeal justified a costs order"]

Ratio Decidendi

The appeal panel found that the appellants' abandonment of grounds of appeal, both before and at the hearing, constituted special circumstances justifying costs orders in favour of the respondent for specific periods, pursuant to s60 of the Civil and Administrative Tribunal Act 2013.

Court Disposition

Costs awarded in favour of the respondent for specified periods; no further costs ordered beyond 2 July 2019.

Orders

  • ["The appellants must pay the respondent's costs of the Appeal from 26 April 2019 to 26 June 2019, such costs if not agreed to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014." "The appellants must pay sixty percent...