Kimber v The Owners Strata Plan No. 48216 (No 2)

The matter between Kimber and The Owners Strata Plan No. 48216 was before the court, with the latter being the respondent. The appellant, self-represented, sought to appeal a decision made by a lower court regarding a strata matter. The appeal pertained to the determination of costs, specifically the appellant's failure to file evidence of disbursements within the allowed timeframe. The court was tasked with deciding whether it would be in the interests of justice to permit the appellant to file the evidence out of time and whether to award the appellant costs for the court filing fees incurred.

The court acknowledged the appellant's self-representation and her failure to provide evidence of disbursements within the stipulated period. Despite this, the court considered it appropriate to permit the appellant to file the evidence out of time. However, it was determined that prolonging the appeal would not be in the interests of justice. Therefore, the court opted to award the appellant the costs of the court filing fees incurred in pursuing the application for leave to appeal and the appeal itself.

In conclusion, the court ordered that the respondent must indemnify the appellant for any filing fees she incurred in commencing and prosecuting the application for leave to appeal and the appeal. No other order was made regarding costs. The entry of these orders is governed by Rule 39.32 of the Federal Court Rules 2011.