J’s Absolute Services Pty Ltd v The Owners – Strata Plan No 67246 [2021] NSWCATAP 315

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: J's Absolute Services Pty Ltd v The Owners – Strata Plan No 67246 [2021] NSWCATAP 315 Hearing dates: 12 August 2021 Date of orders: 12 October 2021 Decision date: 12 October 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member AR Boxall, Senior Member Decision: (1) Appeal allowed. (2) Order 2 made on 19 May 2021 in matter SC 20/42682 is set aside. (3) Each party is to pay their own costs in matter SC 20/42682 and of the appeal. Catchwords: COSTS — Party/Party — exceptions to general rule that costs follow the event — denial of procedural fairness - whether special circumstances warranting an award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 ss 4, 36, 45, 60, 80, Schedule 4, clause 12 Civil and Administrative Tribunal Rules 2014 rules 3, 6, 25, 38, 38A Strata Schemes Management Act 2015 Cases Cited: Bauskis v Liew [2013] NSWCA 297 Cominos v Di Rico [2016] NSWCATP 5 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Hamod v State of New South Wales [2011] NSWCA 367 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATP 120 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Stratton Finance Pty Limited v Webb [2014] FCAFC 110 Category: Costs Parties: Appellant: J's Absolute Services Pty Ltd Respondent: The Owners – Strata Plan No 67246 Representation: Solicitors: R Li (Appellant) G Lewis (Respondent) File Number(s): 2021/00172996 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 19 May 2021 Before: G Meadows, Senior Member File Number(s): SC 20/42682