Macey's Group Pty Ltd v The Owners – Strata Plan No 33591 [2021] NSWCATAP 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Macey's Group Pty Ltd v The Owners – Strata Plan No 33591 [2021] NSWCATAP 88 Hearing dates: On the papers Date of orders: 12 April 2021 Decision date: 12 April 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J Kearney, Senior Member Decision: 1. By consent, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Appeal Panel dispenses with a hearing of the costs application. 2. The application for costs in connection with the proceedings at first instance is dismissed. 3. The respondent is to pay to the appellant the appellant's costs of the appeal, as agreed or assessed on an ordinary basis. Catchwords: COSTS – Section 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Lonergan v The Owners – Strata Plan No. 16519 (No. 2) [2020] NSWCATAP 283 Macey's Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Owners of "Shin Kobe Maru" v Empire Shipping Company Inc [1994] HCA 5; [1994] 181 CLR 404 The Owners – Strata Plan No. 74385 v Pullicin (Cost) [2020] NSWCATAP 249 Texts Cited: Nil Category: Principal judgment Parties: Macey's Group Pty Ltd (Appellant) The Owners - Strata Plan No 33591 (Respondent) Representation: Counsel: D Hand (Appellant)