Smith v The Owners - Strata Plan 51017 [2020] NSWCATAP 161

Smith v The Owners - Strata Plan 51017 [2020] NSWCATAP 161

There were no special circumstances warranting a departure from the general rule that each party bear their own costs, given the appellant was self-represented, acted immediately when informed of the jurisdictional error, and did not unnecessarily prolong proceedings.

Jurisdiction
Australia
Judgment Date
29 July 2020
Procedural Posture
Appeal / Costs Application Following Withdrawal of Appeal
Outcome
Respondent's application for costs dismissed; each party to pay their own costs.
Legal Topics
['costs of Appeal' 'jurisdiction to Review Costs Assessment' 'special Circumstances for Award of Costs']
['administrative Law' 'strata Law'] ['costs of Appeal' 'jurisdiction to Review Costs Assessment' 'special Circumstances for Award of Costs']

Case Brief

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Procedural Posture

Appeal / Costs Application Following Withdrawal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs against the appellant upon withdrawal of the appeal' 'Whether the respondent is entitled to costs after immediate withdrawal by the appellant when informed the Tribunal lacked jurisdiction']

Ratio Decidendi

There were no special circumstances warranting a departure from the general rule that each party bear their own costs, given the appellant was self-represented, acted immediately when informed of the jurisdictional error, and did not unnecessarily prolong proceedings.

Court Disposition

Respondent's application for costs dismissed; each party to pay their own costs.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing on the question of costs of the appeal is dispensed with.' "The respondent's application for costs is dismissed."]