de Tarle v Newland (Costs No 2) [2023] NSWCATAP 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: de Tarle v Newland (Costs No 2) [2023] NSWCATAP 20 Hearing dates: On the papers Date of orders: 01 February 2023 Decision date: 01 February 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member P H Molony, 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 of the appeal is dismissed with the intent that each party bear their own costs. Catchwords: COSTS– costs of appeal – appellant's position not advanced as a result of successful appeal – s 60 of the Civil and Administrative Tribunal Act 2013 – no special circumstances – application for costs of the appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: de Tarle v Newland [2022] NSWCATAP 148 de Tarle v Newland [2022] NSWCATAP 240 Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: None Cited Category: Principal judgment Parties: Benoit de Tarle (Appellant) Jan Newland (First Respondent) The Owners – Strata Plan No 576 (Second Respondent) Representation: Appellant (Self Represented) First Respondent (Self Represented.) Darren Ford (Strata Manager) (Second Respondent) File Number(s): 2021/00350892 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 11 November 2021 Before: S Hennings, General Member File Number(s): SC 21/27790