The Owners – Strata Plan No. 85292 v JD Projects Pty Ltd [2022] NSWCATCD 41

The Owners – Strata Plan No. 85292 v JD Projects Pty Ltd [2022] NSWCATCD 41

The Tribunal found the amount credibly in dispute was less than $30,000, so Rule 38 did not apply. Considering all factors under s 60(3), there were no special circumstances justifying a costs order, and costs should remain with each party.

Parties
Applicant: The Owners - Strata Plan No. 85292; Respondent: JD Projects Pty Ltd
Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Application (renewal) Regarding Compliance With Consent Work Order and Costs / Decision on Costs After Agreement as to Substantive Orders
Outcome
Each party is to pay their own costs.
Legal Topics
Tribunal Procedure, Special Circumstances for Costs Awards, Application of S 60 Civil and Administrative Tribunal Act 2013, Rule 38 Civil and Administrative Tribunal Rules 2014
Costs Tribunal Procedure Special Circumstances for Costs Awards Application of S 60 Civil and Administrative Tribunal Act 2013 Rule 38 Civil and Administrative Tribunal Rules 2014

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Parties

The Owners - Strata Plan No. 85292

Applicant

JD Projects Pty Ltd

Respondent

Procedural Posture

Application (renewal) Regarding Compliance With Consent Work Order and Costs / Decision on Costs After Agreement as to Substantive Orders

Legal Issues

  1. 1 Whether special circumstances warranted an order for costs under s 60 Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether Rule 38 of Civil and Administrative Tribunal Rules 2014 (NSW) applied to enable a general discretion to award costs

Ratio Decidendi

The Tribunal found the amount credibly in dispute was less than $30,000, so Rule 38 did not apply. Considering all factors under s 60(3), there were no special circumstances justifying a costs order, and costs should remain with each party.

Court Disposition

Each party is to pay their own costs.

Orders

  • The Tribunal dispenses with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • Each party is to pay their own costs.