The Owners - Strata Plan No 82306 v Anderson

The Owners - Strata Plan No 82306 initiated proceedings against Anderson in the New South Wales Civil and Administrative Tribunal (NCAT), seeking an order for costs. The dispute arose from an application to the NCAT for the registration of a caveat over certain strata lots. The Owners sought an order for costs in relation to the proceedings, relying on the enabling provisions of the Strata Schemes Management Act 1996. The legal issues before the Tribunal were whether the enabling legislation provided for the making of a costs order, and if so, whether it was appropriate to make a fixed sum costs order in this matter.

The Tribunal noted that the enabling legislation provided for the making of a costs order, but the discretion to award costs was not absolute. The Tribunal considered the principles as to when fixed sum costs orders were appropriate, including the complexity of the case, the conduct of the parties, and the need for certainty and finality. The Tribunal found that the case was not particularly complex, and both parties had conducted themselves reasonably. However, the Tribunal considered it appropriate to make a fixed sum costs order to provide certainty and finality to the proceedings. The Tribunal ordered that the respondent pay the applicant’s costs of the proceedings on the basis set out in the legal costs legislation.

The Tribunal did not consider it necessary to hold an oral hearing, as the matter could be decided on the written submissions and evidence provided. The Tribunal made an order dispensing with an oral hearing pursuant to section 50 of the NCAT Act. The Tribunal also ordered that the respondent pay the applicant’s costs of the proceedings on the basis set out in the legal costs legislation, as agreed or assessed.