The Owners – Strata Plan No 2341 v P & M Sachs Pty Ltd (No 2) [2023] NSWCATAP 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 2341 v P & M Sachs Pty Ltd (No 2) [2023] NSWCATAP 23 Hearing dates: On the papers, last submissions received 18 October 2022 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member 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 respondent's application for costs is dismissed. Catchwords: COSTS – Civil and Administrative Tribunal Rules, rules 38 and 38A – "the amount claimed or in dispute" on an appeal is the amount in dispute on the appeal, not the amount claimed at first instance Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Rules 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Cripps v G&M Dawson Pty Ltd [2006] NSWCA 81 DHY v Public Guardian (No 3) [2022] NSWCATAP 34 Hanave Pty Ltd v Wine Nomad Pty Ltd; Wine Nomad Pty Ltd v Hanave Pty Ltd (No 2) [2022] NSWCATAP 361 James v Department of Justice (Corrective Services NSW) (No 2) [2022] NSWCATAP 216 The Owners – Strata Plan No 2341 v P & M Sachs Pty Ltd [2022] NSWCATAP 304 Category: Costs Parties: The Owners – Strata Plan No 2341 (Appellant) P & M Sachs Pty Ltd (Respondent) Representation: Counsel: T Davie (Respondent)