The Owners – Strata Plan No. 16857 v Hyman (No2) [2023] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 16857 v Hyman (No2) [2023] NSWCATAP 58 Hearing dates: On the papers Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) A hearing of the application for costs is dispensed with. (2) The appellant is to pay the respondents' costs of the appeal on the ordinary basis as agreed, or failing agreement as assessed. (3) Such costs must only be paid from contributions levied in respect of lots other than lots owned by the respondents. Catchwords: APPEAL – costs of appeal from interlocutory order of Consumer and Commercial Division – privilege attaching to expert report Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council 193 CLR 72; [1998] HCA 11 The Owners – Strata Plan No 16857 v Hyman [2022] NSWCATAP 358 Texts Cited: None cited Category: Costs Parties: The Owners - Strata Plan No. 16857 (Appellant) Peter Barnett Hyman (First Respondent) Janiene Hyman ( Second Respondent) Representation: Counsel: D Knoll AM (Respondents)

Solicitors: Bannermans Lawyers (Appellant) DEA Lawyers Pty Ltd (Respondents) File Number(s): 2022/00309720 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 October 2022 Before: D Goldstein Senior Member File Number(s): SC 22/190709, SC 22/31671