Dent v The Owners – Strata Plan No. 69595 [2022] NSWCATCD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dent v The Owners – Strata Plan No. 69595 [2022] NSWCATCD 144 Hearing dates: 25 July 2022 (on the papers) Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The Tribunal dispenses with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. Each party is to bear their own costs. Catchwords: COSTS – Whether special circumstances warranting an order for costs – consideration of proportionality Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Cripps v G & M Mawson [2006] NSWCA 84 eMove Pty Ltd v Dickinson [2015] NSWCATAP 94 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Megerditchian v Kumond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council [1998] HCA 11 The Owners SP 35042 v Seiwa Australia Pty Ltd [2007] NSWCA 272 The Owners – Strata Plan 32735 v Lesley-Swan [2012] NSWSC 383 Category: Costs Parties: Mark Dent and Heather Heckenberg (Applicants) The Owners – Strata Plan No 69595 (Respondent) Representation: Counsel: R Size (Applicants) D Knoll AM (Respondent)