The Owners – Strata Plan No 79749 v Dunstan [2022] NSWCATAP 262

The Owners – Strata Plan No 79749 v Dunstan [2022] NSWCATAP 262

Mr McCrudden's conduct in withdrawing the appeal and stay applications at an early stage, acting promptly without legal advice, and the absence of unreasonable or improper conduct do not constitute special circumstances justifying a costs order against him personally. The power to award costs against non-parties is to be exercised sparingly and only in exceptional circumstances, which were not demonstrated here.

Jurisdiction
Australia
Judgment Date
09 August 2022
Procedural Posture
Appeal / Application for Costs Following Withdrawal/dismissal of Appeal
Outcome
Application for costs dismissed
Legal Topics
['costs Application Against a Non Party' "tribunal's Power to Award Costs" 'special Circumstances for Costs Orders']
['costs'] ['costs Application Against a Non Party' "tribunal's Power to Award Costs" 'special Circumstances for Costs Orders']

Case Brief

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Procedural Posture

Appeal / Application for Costs Following Withdrawal/dismissal of Appeal

Legal Issues

  1. 1 ['Whether Tribunal has power to order costs against a non-party' 'Whether special circumstances exist to warrant a costs order against Mr McCrudden personally']

Ratio Decidendi

Mr McCrudden's conduct in withdrawing the appeal and stay applications at an early stage, acting promptly without legal advice, and the absence of unreasonable or improper conduct do not constitute special circumstances justifying a costs order against him personally. The power to award costs against non-parties is to be exercised sparingly and only in exceptional circumstances, which were not demonstrated here.

Court Disposition

Application for costs dismissed

Orders

  • ['A hearing on the question of costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' "The Respondents' application for costs is dismissed."]