The Owners Corporation of Strata Plan 4521 v Zouk

The Owners Corporation of Strata Plan 4521 (the Owners Corporation) appealed to the Supreme Court of New South Wales, Court of Appeal, against a decision of the Consumer, Trader and Tenancy Tribunal (the Tribunal). The dispute concerned the Tribunal's power to make an order for costs under section 192 of the *Strata Schemes Management Act 1996* (NSW) following the dismissal of an appeal.

The central legal issues before the Court of Appeal were whether the Tribunal was required to make a costs order at the precise moment it dismissed the appeal, and whether it needed to expressly state that the appeal was dismissed under section 181(5) of the Act due to being "frivolous, vexatious, misconceived or lacking in substance" in order to award costs. The Court also considered whether section 192 of the Act restricted the matters the Tribunal could consider when determining costs upon dismissal, and whether the appeal before the Tribunal had, in fact, lacked substance.

The Court of Appeal, comprising Beazley JA, Ipp JA, and Bryson JA, reasoned that section 192 of the *Strata Schemes Management Act 1996* (NSW) did not mandate that a costs order be made at the exact time of dismissal, nor did it require the Tribunal to articulate specific grounds for dismissal under section 181(5) to award costs. The Court held that the Tribunal retained discretion to award costs after dismissing an appeal, and that the appeal before it did indeed lack substance.

The appeal to the Court of Appeal was dismissed, and the Owners Corporation was ordered to pay the costs of the appeal.