The Owners – Strata Plan No 79749 v Dunstan [2022] NSWCATAP 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 79749 v Dunstan [2022] NSWCATAP 262 Hearing dates: On the papers Date of orders: 9 August 2022 Decision date: 09 August 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Ziegler, Senior Member Decision: (1) A hearing on the question of costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The Respondents' application for costs is dismissed. Catchwords: COSTS – application for costs against a non-party – Tribunal has power to order a non-party to pay costs - whether special circumstances exist – the evidence and circumstances fail to demonstrate special circumstances warranting a costs order against the non-party Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) NCAT Guideline - Internal Appeals June 2022 Cases Cited: The Owners – Strata Plan No 74835 v Pullicin (Costs) [2020] NSWCATAP 49 Moallem v Consumer Trader & Tenancy Tribunal (No2) [2014] NSWSC 1027 The Owners – Strata Plan 2010 v Khan [2022] NSWCATAP 9 Xabregas v Owners - Strata Plan No 79205 Texts Cited: None cited Category: Costs Parties: The Owners- Strata Plan No 79749 (Appellant) Ian Lawrence Dunstan (First Respondent) Kristine Margaret Dunstan (Second Respondent) Representation: Counsel WDM Buckland (Respondents)