Silberstein v Strata Choice Pty Ltd [2022] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Silberstein v Strata Choice Pty Ltd [2022] NSWCATAP 249 Hearing dates: 29 June 2022 Date of orders: 7 July 2022 Decision date: 28 July 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) The application for a stay is dismissed. (2) Subject to the outcome of any costs application pursuant to order (3) below, the appellant is to pay the first and second respondent's costs of the application for a stay on the ordinary basis as agreed or assessed. (3) If any party wishes to make an application to vary order 2, the applicant (the costs applicant) must file and serve a costs application in the form of an Application for Miscellaneous Matters, including submissions limited to five pages and any evidence in support, within 14 days of the date of these orders. (4) Any respondent to the costs application is to file and serve any submissions limited to five pages and any evidence in reply within 14 days thereafter. (5) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course, they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. Catchwords: APPEAL – application for a stay – dismissal of application against some but not all respondents at first instance – power to stay conduct of proceeding at first instance in light of that order – parties to appeal not properly identified by appellant – costs – whether "special circumstances warranting an award of costs" within the meaning of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Bentran v Sabbarton [2014] NSWCATAP 37 Grosvenor Constructions (NSW) Pty Limited (in administration) v Musico & Ors [2004] NSWSC 344 New South Wales Bar Association v Stevens [2003] NSWCA 95 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Vickery v The Owners - Strata Plan No. 80412 [2020] NSWCA 284 Texts Cited: None Cited Category: Procedural rulings Parties: Jessica Hetty Silberstein (Appellant) Strata Choice Pty Ltd (First Respondent) Hecker Australia Pty Ltd (Second Respondent) The Owners – Strata Plan No. 55468 (Third respondent) Michael Adamo (Fourth Respondent) Peter Michael Hans Engelbert (Fifth Respondent) William Paul O'Brien (Sixth Respondent) Terence Matthew Gagen (Seventh Respondent) Representation: Counsel: R Clark, (Appellant)