D’SILVA & Anor v Canberra Strata Pty Ltd & Anor (Unit Titles)

D’Silva and another individual brought a claim against Canberra Strata and another entity in relation to unit titles. The dispute centered around an application by the owners corporation for costs under section 48 of the ACT Civil and Administrative Tribunal Act 2008. The central issue was whether the applicants had caused obstruction or unreasonable delay in the proceedings. This determination was crucial to decide if the owners corporation was entitled to costs.

The court was tasked with examining the conduct of the applicants to ascertain if any obstruction or unreasonable delay occurred. The analysis involved a review of the timeliness and manner in which the applicants engaged with the proceedings, as well as any actions that could be seen as hindering the progress of the case. The court considered whether the applicants’ actions warranted an award of costs to the owners corporation under the specified legislative provision. After a thorough review, the court concluded that the applicants had not caused any obstruction or unreasonable delay, and thus the application for costs was not warranted.

The court dismissed the application for interim or other orders filed by the second respondent on 22 March 2022. This decision underscored the importance of adherence to procedural timelines and the necessity for all parties to conduct themselves in a manner that facilitates the efficient progress of legal matters. The court's dismissal of the application for costs highlights the stringent criteria that must be met for such an award under the relevant statutory framework.