Chua v The Owners Strata Plan No 89866

In the Civil and Administrative Tribunal of New South Wales, the applicant, Chua, brought proceedings against the respondents, the owners of Strata Plan No 89866, concerning issues related to a strata scheme. The dispute centred around the costs incurred due to the applicant's withdrawal of an application under the Strata Schemes Management Act 1996. The critical legal issue before the Tribunal was whether the applicant, Chua, should be ordered to pay the respondents' costs, and if so, the extent of those costs.

The Tribunal examined the circumstances under which the applicant withdrew the application and whether these circumstances justified an order for costs. It considered the provisions of the Civil and Administrative Tribunal Act 2013 and the relevant case law concerning costs in strata scheme disputes. The Tribunal concluded that the late withdrawal of the application did not constitute special circumstances warranting an order for costs beyond what was necessary to address the impact of the late withdrawal. It was determined that the applicant should pay the respondents' costs for the hearing that was rendered ineffective by the late withdrawal, limited to three hours of attendance and three hours of preparation, as agreed or assessed.

In accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013, the Tribunal dispensed with a hearing on costs. It ordered that the applicant, Chua, pay the respondents' costs of the hearing that was thrown away due to the late withdrawal, limited to the specified time of attendance and preparation. The application for additional costs was dismissed.