Decisions table

• The Owners – Strata Plan No 79749 owners corp
• Ian Lawrence Dunstan lot owner
• Kristine Margaret Dunstan lot owner
• Rory McCrudden party

The Appeal Panel dismissed the Respondents' application for costs against Mr McCrudden personally in respect of the appeal proceedings, finding that Mr McCrudden's conduct, while lacking standing, did not constitute special circumstances warranting a costs order due to early withdrawal, absence of unreasonable conduct, and lack of evidence as to quantum.

• The Owners Strata Plan No 79633 owners corp
• Violeta Graorovska lot owner

The Appeal Panel ordered the Owners Corporation to pay the costs of Violeta Graorovska in the appeal proceedings on the ordinary basis, finding special circumstances existed because the appeal grounds were manifestly weak and lacked substance.

• Simone Selkirk lot owner
• The Owners – Strata Plan No. 2661 owners corp
• Alexandra Stournas lot owner

Proceedings transferred to NCAT with no order as to costs; the Court declined to order the plaintiff to pay the first defendant's costs as the plaintiff had not acted unreasonably in commencing proceedings in the Supreme Court.

• Roger Harris lot owner
• The Owners-Strata Plan No 34056 owners corp

The Owners-Strata Plan No 34056's application for costs against the lot owner was dismissed as no special circumstances warranting an award of costs were established.

• The Owners – Strata Plan No. 97383 owners corp
• CLSM Pty Ltd manager

The Owners' costs application in SC 21/24112 was dismissed with each party bearing their own costs, but CLSM Pty Ltd was ordered to pay The Owners' costs of SC 21/48501.

• Samir Shousha lot owner
• The Owners Strata Plan No 2657 owners corp

The appeal was dismissed and the Appellant was ordered to pay the Respondent's costs of the appeal in an amount to be agreed or assessed.

• The Owners - Strata Plan No 70871 owners corp
• Michael Turek lot owner
• Louise Turek lot owner

The Appeal Panel dismissed the costs application and ordered each party to bear its own costs of the appeal proceedings, finding no special circumstances warranted departure from the default rule under section 60 of the NCAT Act.

• The Owners Strata Plan No 74698 owners corp
• Jacinta Investments Pty Ltd party

The Appeal Panel affirmed the first instance costs order of 80% in favour of Jacinta and ordered the Owners Corporation to pay 90% of Jacinta's costs of the appeal, with Jacinta to be quarantined from levying to cover these costs.

• Australia City Properties Management Pty Ltd contractor
• The Owners – Strata Plan No 65111 owners corp

The Court set aside the primary judge's costs orders and ordered the respondent to pay 80 per cent of the appellant's costs of the proceedings in the court below.

• The Owners – Strata Plan No. 76929 owners corp
• David Cole Baldwin lot owner

The appeal against the dismissal of the owners corporation's application for costs was dismissed, with the Appeal Panel finding no error of law in the first instance decision and confirming that there were no special circumstances warranting a costs order against the lot owner.

• Synergy Group Services Pty Ltd contractor
• The Owners - Strata Plan No. 90607 owners corp
• The Owners – Strata Plan No. 90582 owners corp

Judgment awarded to Synergy for $7,552.94 in accrued interest on unpaid invoices; defendants repudiated the agreement through continued non-payment and the repudiation was validly accepted; however, Synergy failed to establish entitlement to consequential damages for loss of profits as it did not quantify expectation damages and could not claim notional invoice values under the contractual termination clause cl 16.5.3 since termination was via common law repudiation acceptance, not contractual termination.

• The Owners – Strata Plan No 76700 owners corp
• Natalia Trentelman lot owner

The appellant was ordered to pay the respondent's costs of the unsuccessful application to extend time to appeal, with such costs to be paid from contributions levied on lots other than the respondent's lot.

• Con Hatzigeorgiou lot owner
• The Owners – Strata Plan 71571 owners corp

The Appeal Panel ordered that the Respondent pay the Appellant's costs of the appeal on the ordinary basis, finding special circumstances existed under section 60 of the NCAT Act due to the Respondent's failure to engage appropriately in the appeal process despite the natural justice error being apparent.

• The Owners – Strata Plan No 3004 owners corp
• Ross Harold Smith lot owner
• Jennifer Ann Smith lot owner

The application to extend time for filing the Notice of Appeal was refused and the appeal was dismissed due to substantial delay (5 months), lack of adequate explanation, and the respondents' vested right to retain the benefit of the original decision.

• The Owners – Strata Plan No 87265 owners corp
• Tony Saaib party

The Court varied the costs order to provide that the First Defendant is entitled to indemnity costs from 31 July 2019 based on a valid offer of compromise made on 30 July 2019, and refused the Plaintiff's application for a stay of enforcement of the costs order.

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang lot owner

The defendant was ordered to pay the plaintiff's costs thrown away by the adjournment, assessed as a gross sum of $17,600.

• The Owners – Strata Plan No 30361 owners corp
• Nina Morgan lot owner

The appellant was ordered to pay the respondent's costs of the appeal on an ordinary basis following abandonment of the appeal, as costs follow the event and no compelling reason justified departure from the usual rule.

• The Owners – Strata Plan No 55682 owners corp
• W. R. Berkley Insurance (Europe), PLC insurer
• Berkley Insurance Company insurer
• HHIA Pty Ltd party
• Mr D Hynes party
• Ms L Honeychurch party
• Westcourt General Insurance Broker Pty Ltd contractor
• QUS PTY LTD party

The court declined to make a Sanderson order requiring the unsuccessful brokers and licensee defendants to pay the insurer's costs of the cross-claim, finding it unreasonable given the limitations issues that made the cross-claim likely to fail irrespective of other circumstances.

• The Owners – Strata Plan No 55682 owners corp
• W. R. Berkley Insurance (Europe), PLC insurer
• Berkley Insurance Company insurer
• HHIA Pty Ltd contractor
• Mr D Hynes party
• Ms L Honeychurch party
• Westcourt General Insurance Broker Pty Ltd contractor
• QUS PTY LTD party

The court awarded judgment to the plaintiff against the brokers and licensee for $739,393.95 but dismissed claims against the insurer and Ms Honeychurch; costs orders made with the unsuccessful defendants to pay the insurer's costs, the plaintiff to pay Ms Honeychurch's costs, and the cross-claimant to pay the cross-defendant's costs.

• Rodney Khoury lot owner
• Rose Khoury lot owner
• The Owners – Strata Plan No. 4115 owners corp

The appeal against the Tribunal's rejection of the appellants' application for costs was dismissed; the invoices paid from the trust account were found to be the respondent's costs of the proceedings, not the appellants' costs, and therefore not recoverable by the appellants in a costs application.

• The Owners – Strata Plan No 94267 owners corp
• DEC Engineering & Construction Pty Ltd builder
• New Golden International Group Pty Ltd developer
• Tangxin Dan party
• Hanhu Dan party

The application for security for costs filed by the Developer was dismissed on the basis that the Developer was in substance seeking security for the costs of its own cross-claim rather than the Builder's cross-claim.