Taylor v The Owners – Strata Plan No. 85338 [2020] NSWCATCD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v The Owners – Strata Plan No. 85338 [2020] NSWCATCD 6 Hearing dates: On the papers Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Consumer and Commercial Division Before: D Charles, Senior Member Decision: 1. A hearing on the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The respondents' application for costs is dismissed. Catchwords: COSTS – Withdrawal of strata application – Whether special circumstances warranting an award of costs are established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Home Building Act 1989 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Obeita v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No. 2) [2016] NSWCATAP 224 Ruddock v Vardalis (No 2) (2001) 115 FCR 229 Williams v Lewer [1974] 2 NSWLR 91 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Texts Cited: Nil Category: Costs Parties: Applicants: Tracy Taylor Justin Kirkwood Michael Guinan Adam Gillibrand David Cooper Superannuation Fund Pty Ltd Veretz Holdings Pty Limited Michael Hedger Alasdair Robertson