The Owners Strata Plan No 74698 v Jacinta Investments Pty Ltd (No 2) [2022] NSWCATAP 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No 74698 v Jacinta Investments Pty Ltd (No 2) [2022] NSWCATAP 11 Hearing dates: On the papers Date of orders: 17 January 2022 Decision date: 17 January 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J Kearney, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing in respect of the application for costs. 2. The costs order made 20 July 2020 in proceedings SC 19/00024 and SC 19/24115 is affirmed. 3. The appellant is to pay 90% of the respondent's costs of the appeal as agreed or assessed on an ordinary basis. 4. In respect of orders 2 and 3, the appellant is to levy all lot owners, other than the respondent in respect of costs payable pursuant to these costs orders. Catchwords: PRACTICE AND PROCEDURE – Application for costs – applicability of r 38 of the Civil and Administrative Tribunal Rules where challenge to an award for damages is withdrawn but appeal continues in respect of other relief – partial success in appeal – allowance in respect of successful challenge concerning transfer of common property Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No. 2) [2014] NSWCA 219 The Owners – Strata Plan No 30361 v Morgan [2021] NSWCATAP 50 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 The Owners Strata Plan No 74698 v Jacinta Investments Pty Ltd [2021] NSWCATAP 387 Thompson v Chapman [2016] NSWCATAP 6 Vickery v The Owners – Strata Plan No. 80412 [2020] NSWCA 284 Category: Costs Parties: The Owners Strata Plan No 74698 (Appellant) Jacinta Investments Pty Ltd (Respondent) Representation: Counsel: V Kerr SC, N Apkarian (Appellant) B Mason (Respondent )