Burbank Montague Pty Ltd v The Owners – Strata Plan No. 8531 and Ors (No 2) [2021] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burbank Montague Pty Ltd v The Owners – Strata Plan No. 8531 and Ors (No 2) [2021] NSWCATAP 15 Hearing dates: On the papers Date of orders: 28 January 2021 Decision date: 28 January 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member M Gracie, Senior Member Decision: (1) The application for a different costs order is refused. (2) The appellants are to pay the respondents' costs of the appeal, on the ordinary basis, as agreed or assessed. Catchwords: COSTS – Amount in dispute – Rule 38 – Rule 38A Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Burbank Montague Pty Ltd v The Owners – Strata Plan No 85312 [2020] NSWCATAP 100 Northern Territory v Sangare [2019] HCA 19; 265 CLR 164 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: Nil Category: Costs Parties: Burbank Montague Pty Ltd and Gornoa Pty Ltd (Appellants) The Owners – Strata Plan No. 85312 (First Respondent) Anne Lewinsky and Sidney Lewinsky (Second Respondents) Ronald Allen Zucker (Third Respondent) Representation: Counsel: Mr R Cheney SC with Mr D Neggo (Appellants) Mr M Pesman SC (First Respondent) Mr V Kerr SC (Second and Third Respondents)