The Owners - Strata Plan 69205 v Community Association DP 270244 (No. 3)

The Owners - Strata Plan 69205 sought an order for costs of proceedings against the Community Association DP 270244 in a dispute that was heard by the Civil and Administrative Tribunal (CAT) and subsequently by the Appeal Panel. The dispute arose from issues related to the management of a strata community in Sydney, and the proceedings involved both a referral from an adjudicator under the Community Land Management Act 1989 (NSW) and the original jurisdiction of the CAT under the Civil and Administrative Tribunal Act 2013 (NSW).

The primary legal issues that the court had to address were whether the CAT had the jurisdiction to make a costs order in the referred jurisdiction under the Community Land Management Act, and if the CAT's original jurisdiction under the Civil and Administrative Tribunal Act provided the authority to make a costs order in both jurisdictions. The Appeal Panel found that the CAT did not have the power to make a costs order in the referred jurisdiction and, therefore, remitted the decision on costs for reconsideration by the CAT in its original jurisdiction.

In its reasoning, the Appeal Panel noted that the CAT's original jurisdiction did not extend to making a costs order in the referred jurisdiction. This conclusion was based on a detailed examination of the statutory provisions and the distinct jurisdictions under which the CAT operates. The Appeal Panel emphasised that the costs order made by the CAT at first instance needed to be reconsidered solely within the context of the CAT's original jurisdiction.

Consequently, the application by The Owners - Strata Plan 69205 for an order for the costs of the proceedings was dismissed, and the matter was remitted back to the CAT for reconsideration of the costs order in its original jurisdiction only. This decision underscores the importance of understanding the jurisdictional boundaries within which tribunals operate and the need for careful delineation when making orders that may span multiple jurisdictions.