McCrudden v Dunstan [2023] NSWCATAP 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCrudden v Dunstan [2023] NSWCATAP 37 Hearing dates: 24 January 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President A Suthers, Principal Member Decision: (1) The Appellant is to pay the costs of the First, Second and Third Respondents incurred in the appeal on the ordinary basis in an amount agreed or as assessed. Catchwords: APPEAL- costs of the appeal following withdrawal of the appeal and dismissal. Legislation Cited: Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: D Constructions Pty Ltd v Walsh [2020] NSWCATAP 91 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 The Owners – Strata Plan No 79749 v Dunstan [2022] NSWCATAP 262 Texts Cited: None cited Category: Principal judgment Parties: Rory McCrudden (Appellant) Ian and Kristine Dunstan (First and Second Respondents) The Owners - Strata Plan no 79749 (Third Respondent) Representation: Counsel: B Buckland (First and Second Respondents)

Solicitors: O'Connor Harris & Co (First and Second Respondents) JS Mueller & Co (Third Respondent) File Number(s): 2022/00318333 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Date of Decision: 19 July 2022 Before: D Barnetson, General Member File Number(s): SC 22/23831