Wang v MacDermott [2021] NSWCATAP 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v MacDermott [2021] NSWCATAP 193 Hearing dates: On the papers Date of orders: 29 June 2021 Decision date: 29 June 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member M Gracie, Senior Member Decision: 1. Order under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) to dispense with a hearing of the respondent's application in respect of costs. 2. Make no order as to the costs of the appeal. Catchwords: APPEAL — NCAT— costs - determination of a separate interlocutory question by Tribunal sought by appellants and opposed by respondent - appellants unsuccessful before Tribunal - appellants unsuccessful on appeal - finding of special circumstances - respondent not seeking an order for his costs - respondent seeking an order for costs requiring individual appellants to pay their own costs - respondent seeking an order for costs to require the individual appellants to pay the cost of the owners corporation as fourth appellant - no order as to costs of the appeal - no change to the Tribunal's order reserving costs of the interlocutory hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 (NSW) Cases Cited: Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 43 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Farquar & Farquar (No. 2) [2008] FamCA 682 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCAP 65 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Wang v MacDermott [2021] NSWCATAP 75 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: Nil Category: Costs Parties: Selina Wang (First Appellant) Oren Werker (Second Appellant) Richard Riswej (Third Appellant) Owners-Strata Plan No 3740 (Fourth Appellant) Bruce MacDermott (Respondent) Representation: Solicitors: Strata Title Lawyers (Appellants) Respondent (Self-Represented) File Number(s): 2020/00370897 (AP 20/29492) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 June 2020 Before: N Vrabac, Senior Member File Number(s): SC 20/04566