Guo v Tejani [2019] NSWCATAP 50

Guo v Tejani [2019] NSWCATAP 50

There were no special circumstances in the manner of Mr Guo's conduct of the proceedings or the circumstances of the withdrawal which would warrant a costs order; as required by s 60(1) each party is to pay its own costs.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Internal Appeal / Costs Application After Appeal Withdrawn
Outcome
Application for costs dismissed; no order as to costs; each party to pay own costs.
Legal Topics
['costs' 'appeal' 'strata Managing Agent' 'special Circumstances Under S 60 Civil and Administrative Tribunal Act 2013']
['administrative Law' 'strata Law'] ['costs' 'appeal' 'strata Managing Agent' 'special Circumstances Under S 60 Civil and Administrative Tribunal Act 2013']

Case Brief

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Procedural Posture

Internal Appeal / Costs Application After Appeal Withdrawn

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs after withdrawal of appeal' 'Interpretation and application of s 60 of the Civil and Administrative Tribunal Act 2013']

Ratio Decidendi

There were no special circumstances in the manner of Mr Guo's conduct of the proceedings or the circumstances of the withdrawal which would warrant a costs order; as required by s 60(1) each party is to pay its own costs.

Court Disposition

Application for costs dismissed; no order as to costs; each party to pay own costs.

Orders

  • ['A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'The application by the second respondent The Owners Strata Plan 70067 for an order that the appellant Mr Guo pays its costs of the appeal is dismissed, and each party is to pay its own costs.']