Harris v The Owners-Strata Plan No 34056 (No 2) [2022] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harris v The Owners-Strata Plan No 34056 (No 2) [2022] NSWCATAP 167 Hearing dates: On the papers Date of orders: 18 May 2022 Decision date: 18 May 2022 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member E Bishop, Senior Member Decision: (1) An oral hearing on the issue of costs is dispensed with. (2) The application for costs is dismissed. Catchwords: COSTS---Special circumstances---No special circumstances established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Category: Costs Parties: Roger Harris (Appellant) The Owners-Strata Plan No 34056 (Respondent) Representation: Applicant – Self-represented Respondent – Self-represented File Number(s): 2021/00275112 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 16 September 2021 Before: G. Bassett, General Member File Number(s): SC 21/16957

REASONS FOR DECISION 1. This is a costs application arising from the substantive decision of the Appeal Panel to dismiss the Lot owner's appeal. 2. The owners corporation (the respondent to the substantive appeal) wrote to the Appeal Panel seeking to make a costs application. The Appeal Panel issued directions for the filing and serving of submissions on the issue of costs. 3. Both parties have filed and served submissions and documents on the issue of costs. We have read and considered the submissions. 4. The owners corporation's submissions and documents only state that it seeks that the Lot owner pays its costs of the appeal in the amount of $1,291.45. Such costs involve the charge by the strata manager for the owners corporation in preparing documents and attending the Appeal Panel hearing. An invoice and a table setting out time spent and charges rendered were provided. 5. The submissions of the owners corporation contain no reasons as to why there are "special circumstances" under s 60 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) ('the NCAT Act') sufficient to justify the costs order sought.