Application for costs made by the respondent against the applicant pursuant to ss 74(2)(b) and 109(3) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (‘VCAT Act’) where the applicant was granted leave to withdraw the proceeding prior to him filing a points of claim – costs sought to be fixed under s 111(a) of the VCAT Act – issues considered include the timeframe within which the powers under s 104 of the Owners Corporations Act 2006 (Vic) must be exercised; the fairness test under ss 74(2)(b), 109(3) and 111 of the VCAT Act; the interrelationship between ss 74(2)(b) and 109(3) of the VCAT Act; the statutory presumption regarding costs under s 109(1) of the VCAT Act; relevance of offers of compromise under ss 74(2)(b) and 109(3) of the VCAT Act and clarity of offers; the difference between withdrawal, strike out and dismissal of a proceeding; whether the request for an adjournment in question was refused due to an administrative error by the Tribunal; obligations on applicants when commencing a proceeding; right of parties to appoint a professional advocate; whether it is standard in the Owners Corporations List to fix costs; dispute as to the amount of costs
Anselmi v Owners Corporation PS739378 (Owners Corporations) (Costs) [2023] VCAT 1106 (22 September 2023)
