de Tarle v Newland (Costs) [2022] NSWCATAP 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: de Tarle v Newland (Costs) [2022] NSWCATAP 240 Hearing dates: On the papers Date of orders: 20 July 2022 Decision date: 20 July 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member P H Molony, Senior Member Decision: The application for an award of costs is dismissed. Catchwords: Costs – where proceedings withdrawn having been rendered futile by external cause - s 60 Civil and Administrative Tribunal Act 2013 – proceedings not untenable, frivolous or vexatious – no award of costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: De Tarle v Newland [2022] NSWCATAP 148 Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 One.Tel Limited v Commissioner of Taxation (2001) 101 FCR 548 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Texts Cited: None Category: Principal judgment Parties: Benoit de Tarle (Appellant) Jan Newland (First Respondent) The Owners – Strata Plan No 576 (Second Respondent) Representation: Appellant (self-represented) First Respondent (self-represented.) Darren Ford (Strata Manager) (Second Respondent) File Number(s): 2021/00350892 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 11 November 2021 Before: S Hennings, General Member File Number(s): SC 21/27790