Sunaust Properties Pty Ltd v The Owners Strata Plan no 64807 (Costs) [2023] NSWCATAP 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sunaust Properties Pty Ltd v The Owners Strata Plan no 64807 (Costs) [2023] NSWCATAP 43 Hearing dates: On the papers Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President I Coleman SC ADCJ, Principal Member Decision: (1) In appeals 2022/00035175 and 2022/00118800 and in the first instance proceedings SC21/02639 the Respondent is to pay the Appellant's costs on the ordinary basis as agreed or as assessed (2) Order 2 made on 28 March 2022 in SC21/02639 is set aside. (3) Other orders for costs made at first instance or in the appeals are not vacated by reason of these orders. (4) The Appeal Panel dispenses with a hearing on the question of costs. Catchwords: APPEAL – costs of appeal and costs at first instance – whether special circumstances exist warranting an order for costs – whether indemnity costs should be ordered. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Ashton v Stevenson; Stevenson v Ashton (No 2) [2019] NSWCATAP 238 Bennette v Cohen(No2) [2009] NSWCA162 BPU v New South Wales Trustee & Guardian (Costs) [2016] NSWCATAP 87 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Mendonca v Tonna [2017] NSWCATAP 176 Texts Cited: None Cited Category: Principal judgment Parties: Sunaust Properties Pty Ltd (Appellant)