#12857
T

    The CTTT *is* an affordable dispute resolution process. If the person taking the action is a pensioner, the entire process from mediation application to appeal decision costs only $15 ($5 mediation application, $5 adjudicator application, $5 appeal application).

    To be awarded legal costs, the onus is on the Owners Corporation (as Respondent) to convince the Tribunal to award them, and the onus is high. Costs are awarded by the Tribunal *only* in limited circumstances.

    The circumstances are when:-

    (a)  the application or appeal is frivolous, vexatious, misconceived or lacking in substance, or

    (b)  a decision in favour of the applicant or appellant is not within the jurisdiction of the Tribunal.

    (Section 192 Strata Schemes Managing Act).

    It's not about whether you win or lose. It's about whether the appeal was nonsensical, and few appeals are, even when they lose. So provided this appeal has some substance to it and the matter's within the Tribunal's jurisdiction, the Tribunal will not order the Appellant to pay the Respondent's legal costs.

    Even if costs are awarded, the Respondent can't just ask for any sum it likes. It must be reasonable. The Tribunal has in the past ordered only a portion of the Respondent's costs to be paid when the costs seem unreasonably high, especially when it's not a complex matter (in which case only about an hour's worth of legal fees is reasonable).