Lu v The Owners - Strata Plan No 66347 [2025] NSWCATAP 2

Lu v The Owners - Strata Plan No 66347 [2025] NSWCATAP 2

The Appeal Panel was not satisfied there were special circumstances under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to justify awarding costs to OSP66347. None of the alleged conduct by Ms Lu established special circumstances. Each party was ordered to bear their own costs as per the default position in s 60(1).

Parties
Appellant: Xiao Chun Lu; First Respondent: The Owners - Strata Plan No 66347; Second Respondent: Zhi Peng Zhang
Jurisdiction
Australia
Judgment Date
06 January 2025
Procedural Posture
Internal Appeal / Costs Determination Following Withdrawal of Appeal
Outcome
Costs application dismissed; each party to pay own costs.
Legal Topics
Costs Applications, Special Circumstances Under Civil and Administrative Tribunal Act, Withdrawal of Proceedings, Legal Representation, Strata Management Records
Costs Strata Law Costs Applications Special Circumstances Under Civil and Administrative Tribunal Act Withdrawal of Proceedings Legal Representation Strata Management Records

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Parties

Xiao Chun Lu

Appellant

The Owners - Strata Plan No 66347

First Respondent

Zhi Peng Zhang

Second Respondent

Procedural Posture

Internal Appeal / Costs Determination Following Withdrawal of Appeal

Legal Issues

  1. 1 Whether there are special circumstances warranting an award of costs under s 60(2) of Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether Ms Lu's conduct constituted special circumstances
  3. 3 Assessment of party conduct following withdrawal of appeal

Ratio Decidendi

The Appeal Panel was not satisfied there were special circumstances under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to justify awarding costs to OSP66347. None of the alleged conduct by Ms Lu established special circumstances. Each party was ordered to bear their own costs as per the default position in s 60(1).

Court Disposition

Costs application dismissed; each party to pay own costs.

Orders

  • A hearing of the costs application of the first respondent is dispensed with.
  • The costs application of the first respondent is dismissed.