Guo v The Owners Strata Plan No 70067 (No 2) [2018] NSWCATAP 303

Guo v The Owners Strata Plan No 70067 (No 2) [2018] NSWCATAP 303

Special circumstances warranted an award of costs because the appeals had no prospects of success and were pursued on obvious misconceptions and a clear lack of legal substance, particularly given the clear position that the Tribunal lacked jurisdiction to make mere declarations and the Appellant had been warned and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Internal Appeal in Strata Schemes Proceedings Concerning Costs of the Appeal / Costs Determination on the Papers After Appeals Dismissed and Leave to Appeal Refused
Outcome
Hearing on costs dispensed with; Respondent awarded its costs of both appeal proceedings on the ordinary basis as agreed or assessed.
Legal Topics
['ncat Internal Appeals' 'special Circumstances for Costs' 'jurisdiction to Make Declarations' 'strata Schemes Management Act 2015']
['administrative Law' 'strata Schemes' 'costs'] ['ncat Internal Appeals' 'special Circumstances for Costs' 'jurisdiction to Make Declarations' 'strata Schemes Management Act 2015']

Source-derived case record

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Procedural Posture

Internal Appeal in Strata Schemes Proceedings Concerning Costs of the Appeal / Costs Determination on the Papers After Appeals Dismissed and Leave to Appeal Refused

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with and the costs application determined on the papers.' 'Whether special circumstances warranted an award of costs in the appeal proceedings.' "Whether the Appellant's appeals were untenable, misconceived or lacking in substance because the Tribunal lacked jurisdiction to make mere declarations."]

Ratio Decidendi

Special circumstances warranted an award of costs because the appeals had no prospects of success and were pursued on obvious misconceptions and a clear lack of legal substance, particularly given the clear position that the Tribunal lacked jurisdiction to make mere declarations and the Appellant had been warned and offered opportunities to withdraw without costs consequences.

Court Disposition

Hearing on costs dispensed with; Respondent awarded its costs of both appeal proceedings on the ordinary basis as agreed or assessed.

Orders

  • ['A hearing on costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.' "In AP 18/25774, the Appellant pay the Respondent's costs of the appeal proceedings on the ordinary basis as agreed or assessed pursuant to the legal costs legislation (as defined in section 3A of the Legal...