DICKINSON and CHARUGA

In Dickinson and Charuga [2021] WASAT 122, the State Administrative Tribunal (SAT) considered the respondents' application for costs in an abandoned proceeding. The proceeding was brought by the applicant under the Strata Titles Act 1985 (WA) (the Act), to seek an order against the respondents to disregard their objection to a proposed subdivision of a strata scheme. The proceeding was dismissed after the applicant applied for leave to withdraw the proceeding. The respondents claimed significant costs and damages, asserting that the proceeding was vexatious and an abuse of process. The Tribunal found that the proceeding was not vexatious and dismissed the respondents' application for costs, finding that the costs claimed were unsubstantiated and unreasonable. The case highlights the importance of the discretion of the Tribunal in deciding applications for costs and the need for the party seeking an order for costs to establish that the other party's conduct in connection with the proceeding has impaired the attainment of the Tribunal's statutory objectives.