The Owners – Strata Plan No. 54026 v Evans [2022] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 54026 v Evans [2022] NSWCATCD 73 Hearing dates: On the papers Date of orders: 2 May 2022 Decision date: 02 May 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1 The Tribunal dispenses with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2 Each party is to pay their own costs. Catchwords: COSTS - Whether special circumstances warranting costs order - Conduct of both parties considered - Costs not proportionate Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Cripps v G & M Mawson [2006] NSWCA 84 Latoudis v Casey [1990] HCA 59 Megerditchian v Kumond Homes Pty Ltd [2014] NSWCATAP 120 News v Cotes [2019] NSWCATAP 186 Oshlak v Richmond River Council [1998] HCA 11 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: The Owners - Strata Plan No. 54026 (Applicant) Caroline Evans (Respondent) Representation: Respondent (Self-represented) Solicitors: Chambers Russell File Number(s): SC 22/11355 Publication restriction: Nil