McDermott v Wang [2022] NSWCATAP 325

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDermott v Wang [2022] NSWCATAP 325 Hearing dates: 27 June 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member C Mulvey, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. A hearing to determine the costs of the appeal is dispensed with. 4. Subject to the outcome of any costs application pursuant to order (5) below, each party is to bear its own costs of the appeal. 5. If any party wishes to make an application to vary orders (3) and (4) above, the applicant (the costs applicant) must file and serve a costs application, including submissions limited to five pages and any evidence in support, within 14 days of the date of the orders in these reasons for decision. 6. 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. 7. The costs applicant is to file any submissions limited to three pages in reply within 14 days after receipt of the submissions and any evidence of the respondent to the costs application. Catchwords: APPEAL - costs – leave to appeal – error of law – exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 52, 55, 60, 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Strata Schemes Management Act 2015 (NSW), s 231 Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Cusick Real Estate Pty Ltd t/as L J Hooker Gosford v Kochan [2017] NSWCATAP 191 Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Hope v The Council of the City of Bathurst (1980) 144 CLR 1; [1980] HCA 16 House v R (1936) 55 CLR 499; [1936] HCA 40 Nelson v The Owners – Strata Plan No.49504; The Owners – Strata Plan No.49504 v Nelson [2020] NSWCATAP 194 NSW Land and Housing Corporation v Orr [2019] 100 NSWLR 578; [2019] NSWCA 231 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41 Prendergast v Western Murray Irrigation Ltd [2004] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Bruce McDermott (Appellant) Selina Wang (First Respondent) Oren Werker (Second Respondent) Richard Ristwej (Third Respondent) The Owners – Strata Plan No. 3470 (Fourth Respondent) Representation: Appellant (self-represented)