DICKINSON and CHARUGA

[2021] WASAT 122

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

ACT: STRATA TITLES ACT 1985 (WA)

CITATION:   DICKINSON and CHARUGA [2021] WASAT 122

MEMBER:   MS N OWEN-CONWAY, MEMBER

HEARD:   DETERMINED ON THE DOCUMENTS

DELIVERED          :   13 SEPTEMBER 2021

PUBLISHED           :   13 SEPTEMBER 2021

FILE NO/S:   CC 896 of 2020

BETWEEN:   MARK ANDREW DICKINSON

Applicant

AND

IVAN CHARUGA

First Respondent

GAIL CHARUGA

Second Respondent

THE OWNERS OF NO'S 10, 12, 14, 16, 18 VISTA CLOSE STRATA PLAN 7772

Third Respondent

Catchwords:

Costs of withdrawn Strata TitlesAct 1985 (WA) application - Section 87(2) of the State Administrative Tribunal Act2004 (WA) - Discretion to be exercised pursuant to s 87(2) of the State Administrative Tribunal Act2004 (WA) - Nature and quantum of claimed costs - Section 87(3) of the Strata Titles Act 1985 (WA)

Legislation:

State Administrative Tribunal Act 2004 (WA), s 82(7), s 87
Strata Titles Act 1985 (WA) (post 1 May 2020), s 14, s 35, s 35(2), s 209
Strata Titles Act 1985 (WA) (prior to 1 May 2020), s 1(7), s 15, s 32

Result:

Application for costs dismissed

Category:    B

Representation:

Counsel:

Applicant	:	N/A
First Respondent	:	N/A
Second Respondent	:	N/A
Third Respondent	:	N/A

Solicitors:

Applicant	:	N/A
First Respondent	:	N/A
Second Respondent	:	N/A
Third Respondent	:	N/A

Case(s) referred to in decision(s):

Chew and Director General of the Department of Education and Training [2006] WASAT 248

Pearce & Anor and Germain [2007] WASAT 291(S)

Springmist Pty Ltd and Shire of Augusta-Margaret River [2005] WASAT 143(S)

Western Australia Planning Commission v Questdale Holdings Pty Ltd [2016] WASCA 32

REASONS FOR DECISION OF THE TRIBUNAL:

The application for costs

1. The first respondent's claim for costs comprises the following components:

   1)loss of wages totalling $9,551.52 for 16 days as follows:

   a)four days for 'Directional Hearings';

   b)three days for 'No. 1 Submission';

   c)six days for 'Preparation for Hearing'; and

   d)three days for 'Preparation for Costs';

   calculated at the rate of $596.95 per 'weekday';

   2)punitive damages of $40,000 for 'embarrassment and significant emotional and physical toll this has placed upon us' and 'economic loss and suffering'; and

   3)an unspecified amount by way of punitive damages for loss of enjoyment of life and loss of reputation to be assessed by the Tribunal.

2. The second respondent's claim for costs comprises the following components:

   1)loss of wages totalling $4,800 for 16 days as follows:

   a)four days for 'Directional Hearings';

   b)three days for 'No. 1 Submission';

   c)six days for 'Preparation for Hearing';

   d)three days for 'Preparation for Costs';

   calculated at $300 per 'weekday';

   2)punitive damages of $40,000 for 'embarrassment and significant emotional and physical toll this process has taken'; and

   3)an unspecified amount by way of punitive damages 'to cover the impact on my health that this whole process has caused' to be assessed by the Tribunal.

3. Jointly the first and second respondents' claim for costs comprises the following components:

   a)laptop computer - $465.29;

   b)printer and drivers - $105;

   c)Microsoft Office - $159;

   d)stationery - $25; and

   e)travel expenses 'to…