The Owners Strata Plan No 31284 v Mustafa, Young and Gallo

The Owners Strata Plan No 31284 sought an order for costs against Mustafa, Young and Gallo. The application was brought in the Civil and Administrative Tribunal of New South Wales. The dispute arose from proceedings concerning the ownership of a unit within a strata scheme, and the application sought interim costs for the current proceeding. The applicants argued that the defendants' actions in the proceedings were vexatious, without merit, and that special circumstances warranted an order for costs.

The court was required to determine whether there were special circumstances which justified an order for costs in favour of the applicants. The court considered the nature of the defendants' conduct, whether their actions were vexatious, and whether they were without merit. The court also considered whether any special circumstances existed which warranted the making of a costs order.

In dismissing the application, the court found that the defendants' conduct was not vexatious, and that their actions in the proceedings were not without merit. The court held that there were no special circumstances which warranted an order for costs in favour of the applicants. The court emphasised that costs should not be awarded as a matter of course, and that each case must be considered on its own merits. The court also noted that the applicants had not provided any evidence to support their claim for costs.

Accordingly, the application for costs was dismissed. The court dispensed with the need for an oral hearing, and dismissed the application under section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). No orders for costs were made in favour of the applicants.