The Owners Corporation of Strata Plan 4521 v Zouk & Anor.

[2007] NSWCA 23

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Statutory power to award costs
4. › Consumer, Trader and Tenancy Tribunal
5. › Whether costs order must be made contemporaneously with dismissal of appeal
6. › Whether Tribunal must expressly state ground of dismissal to enliven costs power
7. › Strata Schemes Management Act 1996 (NSW), ss 181, 185, 192
1. Administrative Law
2. › Tribunals
3. › Consumer, Trader and Tenancy Tribunal
4. › Consistency of findings
5. › Whether costs finding inconsistent with substantive judgment
6. › Strata Schemes Management Act 1996 (NSW), s 192
1. Strata Title Law
2. › Strata Schemes Management Act 1996 (NSW)
3. › Appeals from Adjudicator to Tribunal
4. › Costs on dismissal of appeal
5. › Meaning of 'lacking in substance'
6. › Strata Schemes Management Act 1996 (NSW), ss 138, 177, 185, 192

Quick Take

The Tribunal may make a costs order under s 192 of the Strata Schemes Management Act 1996 (NSW) at any time within a reasonable period after dismissing an appeal, and need not have expressly stated the s 192 ground in its dismissal reasons. However, any finding that an appeal was 'lacking in substance' (meaning 'not reasonably arguable') must be consistent with the Tribunal's reasoning in the substantive judgment. The phrase 'lacking in substance' bears a meaning not dissimilar to 'frivolous, vexatious, misconceived'. The question whether fresh evidence on a costs application could justify findings inconsistent with the substantive judgment was left open.