Cahn v The Owners – Strata Plan 586 (No 2) [2018] NSWCATAP 273

Cahn v The Owners – Strata Plan 586 (No 2) [2018] NSWCATAP 273

The Appeal Panel found that the matters identified by the respondent did not constitute special circumstances, nor was it satisfied that discretion should be exercised to award costs against the appellant. Thus, the costs application was dismissed.

Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Appeal / Costs Application Following Dismissal of Appeal
Outcome
Application for costs dismissed
Legal Topics
['costs' 'strata Disputes']
['administrative Law'] ['costs' 'strata Disputes']

Case Brief

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Procedural Posture

Appeal / Costs Application Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant a costs order under s 60 of the Civil and Administrative Tribunal Act, 2013 (NSW)']

Ratio Decidendi

The Appeal Panel found that the matters identified by the respondent did not constitute special circumstances, nor was it satisfied that discretion should be exercised to award costs against the appellant. Thus, the costs application was dismissed.

Court Disposition

Application for costs dismissed

Orders

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