Constantinou v Dipsellas; Dipsellas v The Owners Strata Plan No 20736 (No. 2) [2022] NSWCATCD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Constantinou v Dipsellas; Dipsellas v The Owners Strata Plan No 20736 (No. 2) [2022] NSWCATCD 149 Hearing dates: On the papers Date of orders: 21 July 2022 Decision date: 21 July 2022 Jurisdiction: Consumer and Commercial Division Before: D Charles, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, a hearing on the question of costs is dispensed with. 2. The application for his costs in the proceedings constituted by File Nos. COM 20/41088 and SC 21/13805 by the Lessor, Stanley Stephen Dipsellas, is dismissed. 3. No order as to costs, with the intent that all parties are to bear their own costs of the proceedings. Catchwords: COSTS – Rule 38(2) applies - multiple and interrelated issues in Lessee's application and in Lessors' cross application against Owners Corporation - varying degrees of success in both applications – the "event" is determined by the substance and reality of the outcome of the proceeding - proper exercise of discretion as to costs Legislation Cited: Strata Schemes Management Act 2015 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Civil and Administrative Tribunal Rules 2013 (NSW) Cases Cited: Calderbank v Calderbank (1975) 3 All ER 333 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 at [24] Williams v Lewer [1974] 2 NSWLR 91 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Oshlack Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Thompson v Chapman [2016] NSWCATAP 6 Rekrut and Scott v Champion Home Sales Pty Ltd [2018] NSWCATAP 97 Nguyen v Perpetual Trustee Co Ltd; Perpetual Trustee Co Ltd v Nguyen [2015] NSWCATAP 264 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Vella v Mir (No 3) [2020] NSWCATAP 17 Mendonca v Tonna [2017] NSWCATAP 176 Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721 Multicon Engineering Pty Limited v Federal Airports Corporation (1996) 138 ALR 425 Hadid v Australis Media Ltd [1999] NSWSC 32 Rickard Constructions v Rickard Hails Moretti [2005] NSWSC 481 Jones v Bradley (No 2) [2003] NSWCA 258 Old v McInnes and Hodgkinson [2011] NSWCA 410 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Miwa Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Nu Line Construction Group Pty Ltd v Fowler [2012] NSWSC 816 Hawkesbury District Health Service Limited v Chaker (No 2) [2011] NSWCA 30 at [10] - [11] Category: Costs Parties: Joanne Constantinou (Applicant in file no. COM 20/41088)