11 Jul 2017
Registrar's decision confirmed because the affidavit relied upon was irrelevant to the fee refund application, the appellant was assessed as having sufficient income to pay the filing fee, and the appeal did not constitute a matter of genuine public interest under reg 5(4).
18 May 2011
The Registrar's decisions were correct: the filing fee refund was properly refused because the appeal did not satisfy the Fees Regulations' public interest criteria and there was no evidence waiver criteria applied; the security for costs of $5,560 was properly fixed given uncertainty about the appellant's entitlement to bring the appeal, lack of legal representation, the position of the other trustees and the Council's established significant interest, and therefore the review applications were dismissed with security to be paid within ten working days.
14 Jul 2009
The judge had erred by awarding costs beyond his jurisdiction in the 12 June 2009 judgment; accordingly paragraph [21] of that judgment is recalled and replaced so that costs for all steps subsequent to the 17 March 2009 judgment are awarded to the Body Corporate on a 2B basis with a 33.3% uplift and reasonable disbursements, while the present application to recall is awarded to Strata on a 1A basis with reasonable disbursements to be fixed by the Registrar; the filing fee should be refunded to Strata by the Registrar if jurisdiction allows, otherwise payable by the Body Corporate only if ref…