Neighbourhood Association DP No 285853 v Kannapiran [2021] NSWCATAP 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Neighbourhood Association DP No 285853 v Kannapiran [2021] NSWCATAP 92 Hearing dates: 29 March 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member S Goodman SC, Senior Member Decision: (1) The appeal is allowed. (2) The order made by the Tribunal on 10 November 2020 is varied as follows: 1. The respondents are to pay the appellant's costs of the proceedings before the Tribunal on the ordinary basis as agreed or assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014). (3) If the appellant wishes to make submissions as costs of this appeal: (a) the appellant is to provide written submissions to the Appeal Panel and the respondents on or before 16 April 2021 and is to indicate in those submissions whether the appellant consents to costs being determined on the papers pursuant to section 50 of the Civil and Administrative Tribunal Act; (b) the respondents are to provide written submissions in response to the Appeal Panel on or before 23 April 2021 and is to indicate in those submissions whether the respondent consents to costs being determined on the papers pursuant to section 50 of the Civil and Administrative Tribunal Act; (c) the appellant is to provide any submissions in reply to the Appeal Panel and the respondent on or before 30 April 2021. Catchwords: APPEAL – procedural fairness – application determined on a basis not raised with parties or sought or addressed by them COSTS – principles as to when fixed sum costs order should be made – need for sufficient material Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law Application Act 2014 Strata Schemes Management Act 2015 Cases Cited: 203 Castlereagh Street Pty Limited v Skybloo Holdings Pty Ltd Limited [2017] NSWCATAP 29 Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 Hamod v State of New South Wales [2011] NSWCA 375 Kioa v West (1985) 159 CLR 550 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Stevanovski v CLR Plumbing Pty Ltd [2017] NSWCATAP 180 Wilson v Dash (No 2) [2018] NSWCATAP 155 Texts Cited: Nil Category: Principal judgment Parties: Neighbourhood Association DP No 285853 (Appellant)