The Owners – Strata Plan No. 76929 v Baldwin [2021] NSWCATAP 420

The Owners – Strata Plan No. 76929 v Baldwin [2021] NSWCATAP 420

The Appeal Panel dismissed the appeal because the appellant did not demonstrate an error of law in the Tribunal's discretionary refusal to award costs. The respondent's failures to comply with directions did not necessarily amount to a breach of s 36(3) or establish special circumstances under s 60; the withdrawal of the substantive application did not justify intervention; there was no evidence of lengthy preparation or the amount of costs incurred; and any possible omission concerning interim-order costs would not have changed the result because no special circumstances were shown.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 Against a Costs Decision in the Consumer and Commercial Division / Appeal Panel Hearing on the Papers
Outcome
Appeal dismissed.
Legal Topics
['internal Appeal' 'non Compliance With Tribunal Directions' 'special Circumstances for Costs' 'exercise of Discretion' 'withdrawal of Application' 'error of Law']
['civil Procedure' 'costs' 'strata Proceedings' 'administrative Law'] ['internal Appeal' 'non Compliance With Tribunal Directions' 'special Circumstances for Costs' 'exercise of Discretion' 'withdrawal of Application' 'error of Law']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 Against a Costs Decision in the Consumer and Commercial Division / Appeal Panel Hearing on the Papers

Legal Issues

  1. 1 ["Whether the Tribunal erred in law by finding that the respondent's non-compliance with procedural orders did not constitute a failure or refusal to comply with the duty imposed by s 36(3) of the Civil and Administrative Tribunal Act 2013." 'Whether the Tribunal erred in treating the outcome of the interim proceedings and non-compliance with later costs directions as irrelevant to costs of the substantive proceedings.' 'Whether there were special circumstances warranting an award of costs in favour of the appellant.' 'Whether the costs discretion should be disturbed on appeal.']

Ratio Decidendi

The Appeal Panel dismissed the appeal because the appellant did not demonstrate an error of law in the Tribunal's discretionary refusal to award costs. The respondent's failures to comply with directions did not necessarily amount to a breach of s 36(3) or establish special circumstances under s 60; the withdrawal of the substantive application did not justify intervention; there was no evidence of lengthy preparation or the amount of costs incurred; and any possible omission concerning interim-order costs would not have changed the result because no special circumstances were shown.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' 'The parties are to pay their own costs of the appeal.']