The Owners – Strata Plan No. 96841 v KF Developments Pty Ltd [2022] NSWCATCD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 96841 v KF Developments Pty Ltd [2022] NSWCATCD 13 Hearing dates: 20 January 2022 (on the papers) Date of orders: 20 January 2022 Decision date: 20 January 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The Tribunal dispenses with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. Each party is the pay their own costs of the application. Catchwords: COSTS – Work order made by consent – No decision on the merits – No unreasonable behaviour by respondent warranting an order for costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd [1993] FCA 585, 44 FCR 194 Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 130 Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 Galdona v Peacock [2017] NSWCATAP 64 Hansen v Monterey (Coolah) Pty Ltd [2012] NSWSC 1383 Ibrahim v Peri Australia Pty Ltd [2013] NSWCA 328 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270 Owners Strata Plan 73162 v Dyldam Developments Pty Ltd [2014] NSWSC 1789 Owners Strata Plan 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 Owners Strata Plan 78465 v M D Constructions Pty Ltd [2016] NSWSC 162 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin [1997] HCA 6, 186 CLR 622 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan No. 96841 (Applicant) KF Developments Pty Ltd (First Respondent) Raw Constructions Pty Ltd (Second Respondent) Representation: Counsel: Mr C Mobellan (Applicant) Mr W Marshall (First Respondent)