The Owners – Strata Plan No. 97383 v CLSM Pty Ltd [2022] NSWCATCD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 97383 v CLSM Pty Ltd [2022] NSWCATCD 59 Hearing dates: Heard on the papers Date of orders: 2 May 2022 Decision date: 02 May 2022 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. A hearing on costs is dispensed with pursuant to section 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The Owners – Strata Plan 97383's costs application in SC 21/24112 is dismissed. Each party must bear their own costs. 3. In SC 21/48501 CLSM Pty Ltd must pay The Owners – Strata Plan 97383 costs of the proceedings such costs if not agreed to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014 Catchwords: STRATA TITLE – Application for costs – Special circumstances – Claim that has no tenable basis in fact or law – Case that is unarguable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 130 DYH v Public Guardian (No 3) [2022] NSWCATAP 34 Michael's Excavations Pty Ltd v Whitehorse Trucks Pty Ltd (Costs) (Civil Claims) [2021] VCAT 712 Re Minister for Immigration and Ethnic Affairs: Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Wynne Avenue Property Pty Limited v MJHQ Pty Limited [2018] NSWCATAP 197 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan No. 97383 (Applicant) CLSM Pty Ltd trading as Comfort Living Strata Management (Respondent) Representation: Solicitors: Bannermans Lawyers (Applicant) PBL Law Group (Respondent) File Number(s): SC 21/24112 & SC 21/48501 Publication restriction: Nil