The Owners – Strata Plan No 77109 v Gokani-Robins Pty. Ltd. [2022] NSWCATAP 398

The Owners – Strata Plan No 77109 v Gokani-Robins Pty. Ltd. [2022] NSWCATAP 398

The appellant's late lodgement and service of its material, only after the respondent had lodged its own material and prompted the appellant, constituted special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW). However, the prejudice and additional expense were limited and not quantified by evidence, and the conduct did not warrant indemnity costs. Justice was done by ordering the appellant to pay 20% of the respondent's costs of the stay application on the ordinary basis, immediately.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Appeal Panel Costs Application / Decision on the Papers Concerning Costs of the Application for a Stay
Outcome
Costs application determined on the papers; respondent awarded part of its costs of the stay application.
Legal Topics
['costs in NCAT Proceedings' 'special Circumstances for Costs Order' 'stay Pending Appeal' 'interlocutory Costs']
['civil Procedure' 'costs' 'strata Schemes'] ['costs in NCAT Proceedings' 'special Circumstances for Costs Order' 'stay Pending Appeal' 'interlocutory Costs']

Case Brief

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Procedural Posture

Appeal Panel Costs Application / Decision on the Papers Concerning Costs of the Application for a Stay

Legal Issues

  1. 1 ['Whether a hearing of the application for costs should be dispensed with.' 'Whether special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranted a costs order for the stay application.' 'Whether any costs order should be made on an indemnity basis or on the ordinary basis.' "Whether the appellant's late service of material justified an award of costs to the respondent."]

Ratio Decidendi

The appellant's late lodgement and service of its material, only after the respondent had lodged its own material and prompted the appellant, constituted special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW). However, the prejudice and additional expense were limited and not quantified by evidence, and the conduct did not warrant indemnity costs. Justice was done by ordering the appellant to pay 20% of the respondent's costs of the stay application on the ordinary basis, immediately.

Court Disposition

Costs application determined on the papers; respondent awarded part of its costs of the stay application.

Orders

  • ['A hearing of the application for costs is dispensed with.' "The appellant is to pay 20% of the respondent's costs of the application for a stay on the ordinary basis, immediately."]