Loneragan v The Owners - Strata Plan No 16519 (No 2) [2020] NSWCATAP 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Loneragan v The Owners - Strata Plan No 16519 (No 2) [2020] NSWCATAP 283 Hearing dates: On the papers Date of orders: 22 December 2020 Decision date: 22 December 2020 Jurisdiction: Appeal Panel Before: A Britton, Principal Member M Gracie, Senior Member Decision: (1) Mr Loneragan must pay the Owners Corporation's costs in the appeal, as agreed or assessed. (2) The Appeal Panel declines to determine the Owners Corporation's costs application for the proceedings at first instance. Catchwords: COSTS — operation of r 38A of the Civil and Administrative Tribunal Rules 2014 — whether "the amount … in dispute" in the appeal exceeded $30,000 APPEAL— whether Appeal Panel has the power to award costs in relation to proceedings at first instance in circumstances where the Tribunal did not make a decision in relation to costs Legislation Cited: None cited Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Latoudis v Casey [1990] 170 CLR 534, [1990] HCA 59 Loneragan v The Owners - Strata Plan No 16519 [2020] NSWCATAP 177 Oshlak v Richmond River Council [1998] 193 CLR 72; [1998] HCA 11 The Owners – Strata Plan No 74835 v Pullicin (Costs) [2020] NSWCATAP 49 Thomson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Costs Parties: Hugo Loneragan (Appellant) The Owners Strata Plan No 16519 (Respondent) Representation: Solicitors: Strata Specialist Lawyers (Appellant) Strata Title Lawyers (Respondent) File Number(s): AP 20/05435 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 21 January 2020 Before: G Blake SC, Senior Member File Number(s): SC 19/48890