Shousha v Owners Strata Plan 2657 [2021] NSWCATAP 405

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shousha v Owners Strata Plan 2657 [2021] NSWCATAP 405 Hearing dates: 30 November 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President C Fougere, Principal Member Decision: (1) Application to extend time for lodgment of the appeal in respect of the Substantive Decision is refused. (2) The appeal (in respect of both the Substantive Decision and the Costs Decision) is dismissed. (3) If the Respondent seeks costs of the appeal, it must file and serve submissions within 14 days. (4) The Appellant has 14 days thereafter to file and serve submissions in opposition to the Respondents submissions. (5) The parties' submissions should address the question whether the Appeal Panel may determine costs on "on the papers" by dispensing with a hearing on costs. Catchwords: APPEAL; extension of time for late lodgement - appellants prospects of success - appeal against dismissal of costs application where appellant had mixed success. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Civil & Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Rekrut and Scott v Champion Homes Sales Pty Ltd;Champion Homes Sales Pty Ltd v Rekrut and Scott[2017]NSWCATAP187. Category: Principal judgment Parties: Samir Shousha (Appellant) The Owners Strata Plan 2657 (Respondent) Representation: Solicitor: Thomas Martin Lawyers (Respondent) File Number(s): 2021/00271764 Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Date of Decision: 21 May 2021 Before: C Paull (Senior Member) File Number(s): SC 20/19171