Titus v Eddington [2019] NSWCATCD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Titus v Eddington [2019] NSWCATCD 93 Hearing dates: 21 December 2018 Date of orders: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: Each party shall pay its own costs of the proceedings. Catchwords: COSTS – Strata Schemes – Reallocation of unit entitlement – Special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Gaynor v Burns [2015] NSWCA 150 Texts Cited: Nil Category: Costs Parties: Stephen Titus and Joanne Titus (Applicants) Beverley Anne Eddington (Respondent) Representation: Solicitors: Carneys Lawyers (Applicants) Sachs Gerace Broome (Respondent) File Number(s): SC 18/23506 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Proceedings SC 18/23506 were commenced on 24 May 2018. The applicant sought orders pursuant to s 236 of the Strata Schemes Management Act 1996 for the reallocation of unit entitlement of Strata Plan SP 89341. The points of claim were prepared by a solicitor. 2. The application was dismissed and reasons were published to the parties on 17 May 2019. 3. The respondent seeks an order for costs. 4. I have received written submissions from the respondent dated 24 May 2019 and from the applicant dated 3 June 2019.

Orders sought 1. The respondent seeks an order that the applicants pay Mrs Eddington's costs of the proceedings. 2. In the alternative, the respondent seeks an order that the applicants pay 60% of Mrs Eddington's costs to compensate the applicant for the cost of responding to evidence filed by the applicants which was not relied upon.