Worrall v The Owners - Strata Plan No 43357 [2022] NSWCATAP 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Worrall v The Owners - Strata Plan No 43357 [2022] NSWCATAP 195 Hearing dates: On the papers Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member D Ziegler, Senior Member Decision: 1. A hearing on the issue of costs is dispensed with. 2. The Respondent's application for the costs of the appeal is dismissed. 3. Each party is to pay its own costs of and incidental to the appeal. 4. The order staying the costs proceedings at first instance is discharged. Catchwords: COSTS – appeals – whether rule 38 of the Civil And Administrative Tribunal Rules 2014 applies – whether special circumstances. Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Chalker v Murrays Australia Pty Limited [2016] NSWCATAD 282 Kadsielski v Guca 1 Pty Limited [2018] NSWCATAP 223 Langley v Niland & Anor (1981) 2 NSWLR 104 MSP Consulting & Building Constructions Pty Limited v Karkoulas (No 2) [2016] NSWCATAP 183 Vella v Mir (No 3) [2020] NSWCATAP 17 Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Limited [2021] NSWCATAD 177 Category: Principal judgment Parties: Lynne Maree Worrall (Appellant) The Owners - Strata Plan Number 43357 (Respondent) Representation: Bannermans Lawyers (Appellant) Strata Title Lawyers (Respondent) File Number(s): 2021/00293205 Publication restriction: Unrestricted 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: D Robertson, Senior Member File Number(s): SC 21/06648