The Owners Strata Plan 5172 v Finkelstein (No 2)

The Owners Strata Plan 5172 has sought to recover costs from two lot owners, Annabel Sophie Finkelstein and Brittany Chloe Cohen, from the Civil and Administrative Tribunal. Finkelstein and Cohen had sought to appeal to the Supreme Court. Finkelstein's appeal was dismissed and Cohen's was withdrawn. The Owners sought to recover the costs of both appeals. Finkelstein and Cohen applied for an order that the Owners pay their costs. The Owners opposed the applications on the basis that Finkelstein and Cohen had acted unreasonably in pursuing their appeals. Finkelstein and Cohen argued that the Owners had acted unreasonably in pursuing their costs recovery applications. The court had to decide whether the Owners had acted unreasonably in pursuing their costs recovery applications. The court also had to determine whether Finkelstein and Cohen had acted unreasonably in pursuing their appeals.

The court held that the Owners had acted unreasonably in pursuing their costs recovery applications. The court found that the Owners had failed to properly consider the merits of Finkelstein and Cohen's appeals before deciding to pursue costs recovery. The court also found that the Owners had not adequately justified the amount of costs they sought to recover. The court held that Finkelstein and Cohen had not acted unreasonably in pursuing their appeals. The court found that there were reasonable grounds for Finkelstein and Cohen to believe that their appeals had merit. The court also found that Finkelstein and Cohen had acted reasonably in deciding to pursue their appeals. The court ordered that The Owners – Strata Plan No 5172 pay Finkelstein’s costs and Cohen’s costs on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation. The court also ordered that The Owners – Strata Plan No 5172 not levy a contribution on the owner of Lot 5 or the owner of Lot 6 for the owners corporations costs and expenses in the proceedings. The court ordered that none of the costs payable under the preceding orders be paid from any levy that includes money contributed by the owner of Lot 5 or the owner of Lot 6. The court ordered that the Owners promptly raise a special levy for contributions for such costs and expenses and such contribution not be levied on Lot 5 and Lot 6 to pay the costs payable under the preceding orders.