Khoury v The Owners – Strata Plan No 4115 [2020] NSWCATAP 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khoury v The Owners – Strata Plan No 4115 [2020] NSWCATAP 241 Hearing dates: 9 November 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member R Titterton OAM, Senior Member Decision: Appeal dismissed Catchwords: COSTS – party/party – disbursements – disbursements of respondent paid out of strata manager's trust fund from funds deposited by appellants pursuant to special by-law – whether disbursements were the appellants' costs of the proceedings – not the appellants' costs of the proceedings – authority of respondent to use trust funds to pay its disbursements doubted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60(2) Cases Cited: Cohen v Woolworths Ltd [2018] NSWCATCD 11 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Texts Cited: Halsbury's Laws of Australia, online edition Category: Principal judgment Parties: Rodney Khoury (First Appellant) Rose Khoury (Second Appellant) The Owners – Strata Plan No. 4115 (Respondent) Representation: Solicitors: R Khoury (Appellants) Cordato Partners Lawyers File Number(s): AP 20/38326 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 August 2020 Before: D Charles, Senior Member File Number(s): SC 20/15331, SC 20/15334, SC 20/15337, SC 20/15338