Gelder v The Owners - Strata Plan No 38308 [2021] NSWCATAP 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gelder v The Owners - Strata Plan No 38308 [2021] NSWCATAP 109 Hearing dates: On the papers Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Goodman SC, Senior Member Decision: (1) An order that the Respondent pay the Appellant's costs of and incidental to the proceedings, on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation, (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). (2) An order that the Respondent not levy a contribution on Lot 2 (the Appellant's lot) for the Respondent's costs and expenses in these proceedings, including costs payable under the preceding order and that the Respondent not pay any part of its costs or expenses of these proceedings, including the costs payable under the preceding order from its administrative fund or capital works fund or from any levy that includes money contributed by the Appellant with the intention that the Respondent promptly raise a special contribution for such costs and expenses and such contribution not be levied on the owner of Lot 2. (3) An order that the Respondent pay the Appellant's costs of and incidental to the proceedings at first instance in the Consumer & Commercial Division on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation, (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). (4) An order that the Respondent not levy a contribution on Lot 2 for the Respondent's costs and expenses in the Tribunal proceedings at first instance, including costs payable under the preceding order and that the Owners Corporation not pay any part of its costs or expenses of these proceedings, including the costs payable under the preceding order from its administrative fund or capital works fund or from any levy that includes money contributed by the Appellant with the intention that the Respondent promptly raise a special contribution for such costs and expenses and such contribution not be levied on the owner of Lot 2. Catchwords: COSTS - costs of appeal and at first instance, special circumstances. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law Application Act 2014 Strata Schemes Management Act 2015 (NSW) Cases Cited: eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 914 Texts Cited: Nil Category: Principal judgment Parties: Michelle Gelder (Appellant) The Owners – Strata Plan No 38308 (Respondent) Representation: Counsel: DD Knoll AM (Appellant)