Wilson v Zeaiter (No.2)

The Wilson v Zeaiter (No.2) case involved the Applicant, Wilson, and the Respondent, Zeaiter, in a strata title dispute. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The Applicant sought costs under Rule 38 of the Strata Schemes Management Regulations 2016 (NSW) due to the Respondent's alleged failure to comply with a consent order and strata by-laws. The legal issues before the court were whether the Respondent's actions constituted a failure to comply with the consent order and by-laws, and if so, whether the Applicant was entitled to costs under Rule 38.

The court examined the evidence and found that the Respondent had not deliberately failed to comply with the consent order and by-laws, but rather had acted in good faith. The court also noted that the Applicant had made an offer of settlement to the Respondent, which was not accepted. Considering these factors, the court concluded that there were special circumstances that warranted denying the Applicant's costs application. The court found that the Applicant's costs application was dismissed, and each party was ordered to pay their own costs of the proceedings.