The Owners - Strata Plan No 70871 v Turek [2022] NSWCATAP 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 70871 v Turek [2022] NSWCATAP 83 Hearing dates: On the papers Date of orders: 28 March 2022 Decision date: 28 March 2022 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member A Boxall, Senior Member Decision: (1) An oral hearing is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The costs application is dismissed. (3) There is no order as to costs with a view that each party bear is own costs of the proceedings in Matter AP 2021/248651. Catchwords: COSTS---withdrawal of proceedings---whether special circumstances established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW). Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulations 2016 (NSW) Cases Cited: 2 Elizabeth Bay Road Pty Ltd v The Owners-Strata Plan No 73943 [2014] NSWCA 409 ACCC v Dataline.Net.Au. Pty Ltd [2007] FCAFC 146; (2007) 244 ALR 300 Dehsabzi v The Owners-Strata Plan No 83556 [2019] NSWCATAP 65 Durran t/as Canberra Sheds and Outdoor Storage v Bliss [2018] NSWCATAP 43 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 PD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Re Minister for Immigration and Ethnic Affairs: Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA Rodny v Stricke [2020] NSWCATAP 20 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 The Owners-Strata Plan No 7081 v Turek [2020] NSWSC 1027 Turek v The Owners-Strata Plan No 70871 [2020] NSWCATAP 14 Turek v The Owners-Strata Plan No 70871 [2020] NSWCATAP 28 Turek v The Owners-Strata Plan No 70871 (No 2) [2020] NSWCATAP 89 Walsh v The Owners-Strata Plan No 10349 [2017] NSWCATAP 230 Texts Cited: None cited Category: Costs Parties: The Owners - Strata Plan No 70871 (Appellant) Michael Turek and Louise Turek (Respondent) Representation: Solicitors: Bannermans Lawyers (Appellant) Hones Lawyers (Respondent) File Number(s): 2021/00248651 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2021] NSWCATCD 79 Date of Decision: 3 August 2021 Before: C. Paull, Senior Member File Number(s): SC 19/19280