The Owners - Strata Plan No 31284 v Mustafa, Young and Gallo [2022] NSWCATCD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 31284 v Mustafa, Young and Gallo [2022] NSWCATCD 136 Hearing dates: On the papers Date of orders: 20 July 2022 Decision date: 20 July 2022 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: (1) 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) The costs application in Matter SC 22/09731 is dismissed. Catchwords: COSTS---Strata Schemes---Application for interim orders dismissed----Whether special circumstances---Whether any special circumstances warrant costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Category: Costs Parties: The Owners - Strata Plan No 31284 (Applicant)

Alfesani Mustafa Richard Young Jorge Gallo (Respondents) Representation: L Dale (Applicant)

A Mustafa (Respondent) File Number(s): SC 22/09731 Publication restriction: Nil

REASONS FOR DECISION 1. This is a costs application from a decision of the Tribunal on 26 May 2022 where the Tribunal made order s pursuant to ss 124 of the Strata Schemes Management Act 2015 (NSW) ('the SSMA'). 2. The Owners - Strata Plan 31284 is the registered proprietor of the common property in Strata Plan 31284. The respondents in the proceedings were Mr Mustafa, the registered proprietor of Lot 60 in the strata scheme and Mr Young and Mr Gallo, the occupants of Lot 60 in the strata scheme.