Zhang v Chehade

The applicants, Zhang and two others, brought an application in the Civil and Administrative Tribunal of New South Wales against the respondents, Chehade and another, seeking interim orders in relation to a strata scheme. The applicants were residents of the strata scheme and sought to prevent the respondents from proceeding with a proposed development. The dispute centred on the respondents' alleged non-compliance with the strata scheme's rules and regulations, as well as their failure to obtain necessary approvals for the proposed development. The applicants argued that the proposed development would cause significant harm to the strata scheme and its residents.

The primary legal issue before the court was whether the applicants had demonstrated special circumstances that warranted an order for costs in their favour. The court considered the applicants' submissions and evidence, including their argument that the respondents had acted in bad faith and had caused unnecessary delay and expense. The court also examined the relevant legislation, including the Civil and Administrative Tribunal Act 2013 (NSW), which governs the costs orders in the Tribunal. The court found that the applicants had not demonstrated any special circumstances that would warrant a costs order in their favour. The court noted that the applicants' case was not particularly complex or unusual, and that the respondents had acted reasonably in pursuing their proposed development.

In dismissing the application for costs, the court held that there were no special circumstances that warranted a costs order in favour of the applicants. The court found that the applicants had not shown that the respondents had acted in bad faith or had caused unnecessary delay or expense. The court also noted that the applicants had not demonstrated that they had suffered significant harm as a result of the respondents' actions. The court concluded that each party should bear its own costs of the proceedings in accordance with Section 60 (1) of the Civil and Administrative Tribunal Act 2013 (NSW). The court further noted that an oral hearing on the issue of costs was not necessary, as the application could be determined on the available evidence and submissions.