The Owners-Strata Plan No. 54026 v Kastri Aev Pty Ltd [2024] NSWCATAP 161

The Owners-Strata Plan No. 54026 v Kastri Aev Pty Ltd [2024] NSWCATAP 161

No costs order is made since the respondent did not actively seek such an order, neither party sought further hearing, and SSMA s 104 operates automatically to exempt the successful lot owner from contributing to the owners corporation's costs without Tribunal order.

Jurisdiction
Australia
Judgment Date
19 August 2024
Procedural Posture
Appeal / Costs Determination Post Substantive Appeal Decision
Outcome
No order as to costs; hearing on costs dispensed with; effect of SSMA s 104 noted in respondent's favour.
Legal Topics
['strata Management' 'costs']
['real Property'] ['strata Management' 'costs']

Case Brief

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Procedural Posture

Appeal / Costs Determination Post Substantive Appeal Decision

Legal Issues

  1. 1 ['Whether a costs order should be made against either party after the appeal' "Effect of s 104 of the Strata Schemes Management Act 2015 (NSW) after respondent's success"]

Ratio Decidendi

No costs order is made since the respondent did not actively seek such an order, neither party sought further hearing, and SSMA s 104 operates automatically to exempt the successful lot owner from contributing to the owners corporation's costs without Tribunal order.

Court Disposition

No order as to costs; hearing on costs dispensed with; effect of SSMA s 104 noted in respondent's favour.

Orders

  • ['Order that a hearing on costs be dispensed with.' 'Make no order as to the costs of the appeal.' 'Note the effect of s 104 of the Strata Schemes Management Act 2015 (NSW) in favour of the respondent as successful in the appeal proceedings.']