Ollier & Glubb v Kuhnemann

The appeal was brought by Ollier & Glubb against Kuhnemann, concerning a neighbourhood dispute. The dispute originated from a Tribunal decision that had been appealed on the grounds of several perceived errors, including the failure to make a consent order, the absence of a proper award of costs, and the lack of reasons for the decision. The appeal was heard in the New South Wales Civil and Administrative Tribunal Appeal Panel.

The central legal issues for the appeal panel to decide were whether the Tribunal had erred in its handling of the consent order, the allocation of costs, and the provision of reasons for its decisions. The appellants argued that the Tribunal had failed to make a consent order which had been agreed upon by both parties, that the costs awarded were inappropriate, and that the Tribunal had not provided adequate reasons for its decisions.

The appeal panel found that the Tribunal had indeed erred in its handling of the consent order and the allocation of costs. The panel held that the failure to make a consent order that had been agreed upon by both parties constituted an error. Additionally, the panel determined that the Tribunal had not adequately considered the principles of costs allocation, leading to an improper award. The lack of reasons for the decision was also identified as an error of law. Consequently, the appeal was allowed in part, and the matter of costs from the original proceeding was remitted back to the Tribunal for reconsideration according to law.

The orders of the appeal panel included setting aside the costs order made by the Tribunal and remitting the matter of costs to the Tribunal for redetermination. No order was made regarding the costs of the appeal proceeding itself. The case was scheduled for a directions hearing and a further hearing to specifically address the matter of costs.