MacDermott v Wang [2022] NSWCATCD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MacDermott v Wang [2022] NSWCATCD 71 Hearing dates: On the papers Date of orders: 05 April 2022 Decision date: 05 April 2022 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: (1) In the proceeding constituted by File No. SC 20/04566 the respondents' application for costs is dismissed and the parties are to bear their own costs of the proceeding. (2) In the proceeding constituted by File No SC 21/37001 the applicant is to pay the respondents' costs of and incidental to the hearing of the interim orders application on 6 September 2021 on the ordinary basis as agreed or as assessed in accordance with the applicable costs legislation; otherwise, each party is to bear their own costs of the proceeding. Catchwords: COSTS – Strata interim and substantive applications – Interim application dismissed - Withdrawal of substantive application – Whether there are special circumstances in each proceeding warranting a costs order – Exercise of discretion as to costs Legislation Cited: Strata Schemes Management Act 2015 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Wang v MacDermott [2021] NSWCATAP 75 Wang v MacDermott [2021] NSWCATAP 193 Calderbank v Calderbank (1975) 3 All ER 333 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 Rodny v Stricke [2020] NSWCATAP 20 Durran t/as Canberra Sheds and Outdoor Storage v Bliss [2018] NSWCATAP 43 Dehsabzi v The Owners-Strata Plan No 83556 [2019] NSWCATAP 65 The Owners – Strata Plan 70871 v Turek [2022] NSWCATAP 83 (28 March 2022) Diaspora Holdings Pty Ltd v Owners SP 68608 [2019] NSWCATAP 250 Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 at [24] Williams v Lewer [1974] 2 NSWLR 91 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Oshlack Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Mendonca v Tonna [2017] NSWCATAP 176 Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721 Multicon Engineering Pty Limited v Federal Airports Corporation (1996) 138 ALR 425 Hadid v Australis Media Ltd [1999] NSWSC 32 Rickard Constructions v Rickard Hails Moretti [2005] NSWSC 481 Jones v Bradley (No 2) [2003] NSWCA 258 Old v McInnes and Hodgkinson [2011] NSWCA 410 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Miwa Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Texts Cited: Nil Category: Costs Parties: Bruce MacDermott (Applicant) Selina Wang (First Respondent)\ Oren Werker (Second Respondent) Richard Ristwej (Third Respondent) The Owners – Strata Plan No. 3470 (Other) Representation: Applicant (Self-represented)