Chalmers v The Owners – Strata Plan No. 19378 [2022] NSWCATCD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chalmers v The Owners – Strata Plan No. 19378 [2022] NSWCATCD 127 Hearing dates: On the papers Date of orders: 5 August 2022 Decision date: 05 August 2022 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President Decision: The application for costs is dismissed. Catchwords: COSTS – settlement of proceedings – circumstances in which a costs order should be made where proceedings settle – no circumstances justifying departing from the position that costs will not usually be awarded where proceedings are settled. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management 2015 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Knox v Bollen; Bollen v Knox [2018] NSWCATAP 106 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; [1997] 186 CLR 622 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Category: Principal judgment Parties: Timothy John Chalmers (First Applicant) Shellie Ann Tancred (Second Applicant) The Owners – Strata Plan No. 19378 (Respondent) Representation: Counsel: K Roser, Counsel (Applicants) V Butcher, Solicitor (Respondent)

Solicitors: Stephen Pratt Lawyer (Applicants) Vincent Butcher Lawyers (Respondent) File Number(s): SC 21/44336 Publication restriction: Nil