The Owners – Strata Plan No 77559 v Touma; Touma v The Owners – Strata Plan No 77559 [2022] NSWCATAP 284

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 77559 v Touma; Touma v The Owners – Strata Plan No 77559 [2022] NSWCATAP 284 Hearing dates: On the papers Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Appeal Panel Before: T Simon, Principal Member S Goodman, Senior Member Decision: 1. In relation to both appeals, an oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. In relation to the Owners Corporation's appeal: i. Each party is to pay their own costs 3. In relation to the Mr Touma's appeal: i. The Owners – Strata Plan No 77559 are to pay Mr Touma's costs as agreed or assessed ii. Such costs must only be paid from contributions levied in respect of lots other than Mr Touma's lots. Catchwords: COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014--- special circumstances --- levies and contributions for legal costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Strata 778 Pty Ltd v Enright (No 2) [2020] NSWCATAP 71 The Owners – Strata Plan No 62713 v Liberant [2022] NSWCATAP 80 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 The Owners – Strata Plan No 77559 v Touma; Touma v The Owners – Strata Plan No 77559 [2022] NSWCATAP 186 Category: Costs Parties: 2020/00370912 (previously AP 20/30170) The Owners – Strata Plan No 77559 (Appellant) Mounir Touma (Respondent)