The Owners - Strata Plan No 70871 v Turek (No 2) [2020] NSWCATAP 89

The Owners - Strata Plan No 70871 v Turek (No 2) [2020] NSWCATAP 89

Special circumstances existed justifying a costs order because the Notice of Appeal was fundamentally defective, no proper grounds were specified, the respondents were disadvantaged, and the appellant's solicitor made misconceived, unmeritorious, and disingenuous submissions which unnecessarily complicated and prolonged the proceedings.

Jurisdiction
Australia
Judgment Date
19 May 2020
Procedural Posture
Appeal / Decision on Costs After Dismissal of Appeal
Outcome
Costs order made against appellant
Legal Topics
['costs' 'special Circumstances for Cost Orders' 'appeal Grounds']
['tribunal Practice and Procedure' 'strata Law'] ['costs' 'special Circumstances for Cost Orders' 'appeal Grounds']

Case Brief

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Procedural Posture

Appeal / Decision on Costs After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances justify a costs order against the appellant under section 60 of the Civil and Administrative Tribunal Act.']

Ratio Decidendi

Special circumstances existed justifying a costs order because the Notice of Appeal was fundamentally defective, no proper grounds were specified, the respondents were disadvantaged, and the appellant's solicitor made misconceived, unmeritorious, and disingenuous submissions which unnecessarily complicated and prolonged the proceedings.

Court Disposition

Costs order made against appellant

Orders

  • ['Order that the appellant pay the costs of the respondents in an amount 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) in default of agreement.']