Bruce v Knight (No 3) [2021] NSWCATAP 343

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bruce v Knight (No 3) [2021] NSWCATAP 343 Hearing dates: On the papers Date of orders: 04 November 2021 Decision date: 04 November 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member A Boxall, Senior Member Decision: The Appeal Panel orders: 1. The Respondents' application to amend the orders of 31 August 2021 pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) is dismissed. 2. The stay of order (3) of the Appeal Panel's orders of 31 August 2021 is lifted. 3. If the Appellants seek costs: (a) they must file with the Registry and give to the Respondents submissions limited to five pages within 14 days of these reasons; (b) the Respondents may respond within a further 14 days; (c) the Appellants may reply within a further 7 days. 4. All submissions must be limited to three pages. 5. The Appeal Panel proposes to decide any application for costs "on the papers". If either party opposes this course, they should address that issue in their submissions. Catchwords: PRACTICE AND PROCEDURE – slip rule Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 25, 36, 50, 61, 63, 81 Cases Cited: Boughen v Kumar & Paentia (No 2) [2021] NSWCATAP 262 Bruce v Knight (No 2) [2021] NSWCATAP 254 Bruce v Knight [2021] NSWCATAP 224 Foong v Scutella [2021] NSWCATAP 294 Gelder v The Owners – Strata Plan 38308 [2021] NSWCATAP 109 Hatzigeorgiou v The Owners – Strata Plan No 71571 (Costs) [2021] NSWCATAP 238 Kazzi v Bechara (No 2) [2021] NSWCATAP 244 Lawrence v Ciantar (No 2) [2020] NSWCA 186 Lewis v Matuck (No 2) [2021] NSWCATAP 241 Loneragan v The Owners-Strata Plan No 16519 (No 2) [2020] NSWCATAP 283 Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2021] NSWCATAP 122 McGrath v The Owners – Strata Plan No 13631 (No 2) [2021] NSWCATAP 215 Metrix Development Pty Ltd & Ors v Chen and Liang [2021] NSWCATAP 283 Neighbourhood Association DP No 285853 v Kannapiran (No 2) [2021] NSWCATAP 206 Grandview Pty Ltd v Bacon (No 2) [2021] NSWCATAP 164 Place v Department of Finance, Services and Innovation (No. 2) [2017] NSWCATAD 21 The Owners – Strata Plan No 76700 v Trentelman (No 2) [2021] NSWCATAP 268 The Owners-Strata Plan No 74835 v Pullicin (Costs) [2020] NSWCATAP 49 Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146 Zoef v Nationwide News Pty Ltd (No 2) [2017] NSWCA 2 Category: Costs Parties: Anthony Bruce (First Appellant) The Owners – Strata Plan 208 (Second Appellant) Alexander Knight (First Respondent) Cleo Knight (Second Respondent) Representation: Solicitors: Sachs Gerace Lawyers (Appellants) Strata Title Lawyers (Respondents) File Number(s): 2021/00056122 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 21 January 2021 Before: S Thode, Senior Member File Number(s): SC 20/26294