Smith v The Owners - Strata Plan 51017 [2020] NSWCATAP 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v The Owners - Strata Plan 51017 [2020] NSWCATAP 161 Hearing dates: On the Papers Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Appeal Panel Before: T Simon, Principal Member S Higgins, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing on the question of costs of the appeal is dispensed with. (2) The respondent's application for costs is dismissed. Catchwords: COSTS – costs of appeal – whether special circumstances warrant an award of costs – appellant withdrew appeal and application for a stay immediately upon being informed that the Tribunal did not have jurisdiction to review the determination of a cost assessor arising from a cost order made by the Tribunal Legislation Cited: Civil and Administrative Tribunal 2013 (NSW) Cases Cited: BPU v New South Wales Trustee and Guardian (Costs) [2016] NSWCATAP 87 Commissioner for Fair Trading v Edward Lees Imports Pty Ltd (No 2) [2019] NSWCATAP 222 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 (No 2) [2019] NSWCATAP 272, at [12] and [13] Edwards v Commissioner for Fair Trading, Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Jubian v Clark (No 2): Clark v Jubian (No2) [2016] NSWCATAP 153 Department of Customer Service (Costs) [2019] NSWCATAP 249 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: None cited Category: Costs Parties: Wayne Smith (Appellant) Owners Corporation – SP 51017 (Respondent) Representation: Solicitors: Appellant (Self Represented) Chambers Russell Lawyers (Respondent) File Number(s): AP 20/17905 Publication restriction: Nil