Kencevski v The Owners – Strata Plan No. 488 (No.2) [2021] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kencevski v The Owners – Strata Plan No. 488 (No.2) [2021] NSWCATCD 9 Hearing dates: On Papers Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The respondent is to pay the applicant's costs as agreed or failing an agreement as assessed under Part 4.3 Division 7 of the Legal Profession Uniform Law Application Act 2014. 2. The costs as agreed or assessed under Order 1 shall be payable within 28 days of the date of agreement or assessment. Catchwords: Costs – whether there are special circumstances for the purposes of s.60(2) of the Civil and Administrative Tribunal Act – determination of costs in the proceedings as opposed to cost necessary for the approval of a Special By-law. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform law Application Act 2014 (NSW) Strata Schemes Management Act 2015 Cases Cited: Alexander James Pty Ltd V Pozelu Pty Ltd (No. 2) [2016] NSWCATAP 75 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 2 Cripps and Anor v G and M Dawson Pty Ltd and Anor [2006] NSWCA 81 Kelly v Noumenon Pty Ltd (1988) 47 SASR 182 Latoudis v Casey [1990] HCA 59 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Owners Corporation SP 7596 v Risidore [2003] NSWSC 966 The Owners SP 69140 v Drewe [2017] NSWSC 845 ZDB v The University of Newcastle (No. 2) [2017] NSWCATAP 135 Category: Costs Parties: Olivera Kencevski (Applicant)