Lu v Community Association (Costs) [2023] NSWCATAP 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lu v Community Association (Costs) [2023] NSWCATAP 18 Hearing dates: On the papers Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Appeal Panel Before: S Thode, Senior Member A Boxall, Senior Member Decision: (1) A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (2) The application for an award of costs is dismissed. Catchwords: COSTS –- s 60 Civil and Administrative Tribunal Act 2013 – proceedings not untenable, frivolous or vexatious – no award of costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Blair v The Owners-Strata Plan No 71656 and Mitchell [2016] NSWCATCD 8 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Ocana v Roache Constructions Pty Ltd [2014] NSWCATCD 231 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Yarra Ford Pastoral Co Pty Ltd v Wise [2015] NSWCATCD 41 Texts Cited: None Category: Principal judgment Parties: Guitang Lu (Appellant) Community Association DP 270682 (Respondent) Representation: Solicitors: Appellant (Self-represented) JS Mueller & Co (Respondent) File Number(s): 2022/0081736 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Before: S Bliim, General Member File Number(s): SC 21/32569