Shoal Bay Developments Pty Ltd v Community Association DP 270468 [2020] NSWCATAP 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shoal Bay Developments Pty Ltd v Community Association DP 270468 [2020] NSWCATAP 115 Hearing dates: On the papers Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member M Gracie, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) Order that the appellants pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. (4) If a party seeks a different costs order, order 3 above ceases to have effect and the following orders apply: (5) Any application for a different costs order is to filed and served within 14 days of the publication of these orders and is to be supported by evidence and submissions not exceeding five pages in length including submissions as to whether or not a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (6) Any response to the costs application(s) is to be filed and served 14 days thereafter and is to be supported by evidence and submissions not exceeding five pages in length including submissions as to whether or not a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (7) Submissions in reply are to be filed and served within 7 days of receipt of submissions in response. Catchwords: APPEAL - leave to appeal - leave refused - costs - exercise of discretion - withdrawal of application - no hearing on the merits - special circumstances - no question of law - no demonstrated error - no substantial miscarriage of justice - costs of the appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Community Land Management Act 1989 Strata Schemes Management Act 1996 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Ltd v Australian National University (2009) 239 CLR 175 Arambewela v Castle Projects Pty Ltd [2018] NSWCATAP 14 Azzi v Phan [2017] NSWCATAP 215 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Briginshaw v Bringinshaw (1938) 60 CLR 336 Channell v Graham [2017] NSWCATAP 129 Collins v Urban [2014] NSWCATAP 17 D Constructions v Walsh [2020] NSWCATAP 92 Gassman & Anor v Peck [2017] NSWCATAP 66 Green v Schneller [2002] NSWSC 202 Harrem Pty Ltd v Tebb & Anor [2008] NSWSC 510 House v King (1936) 55 CLR 499 Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) [2016] NSWCA 375 Khanna v Bond Realty Pty Ltd [2019] NSWCA 128 Kiama Council v Grant [2006] NSWLEC 96 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72 Owners Corporation SP 82076 v Taricon Pty Ltd NSWCATCD 61 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia: Ex parte Lai Qin [1997] HCA 6 Solomons v Valley Motor Auctions [2017] NSWCATAP 31 The Owners Corporation Strata Plan No 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 The Owners Corporation of Strata Plan 4521 v Zouk & Anor [2007] NSWCA 23 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: None cited Category: Principal judgment Parties: Shoal Bay Developments Pty Ltd (First Appellant) Snoogal Pty Ltd (Second Appellant) Community Association DP 270468 (Respondent) Representation: Solicitors: David A Vitnell (Appellants) JS Mueller & Co Lawyers (Respondent) File Number(s): AP 20/07646 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 January 2020 Before: K Ross, Senior Member File Number(s): SCS 19/09853