The Owners – Strata Plan No. 54545 v Hudson [2023] NSWCATAP 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 54545 v Hudson [2023] NSWCATAP 89 Hearing dates: On the papers Date of orders: 29 March 2023 Decision date: 29 March 2023 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member M Gracie, Senior Member Decision: 1. By consent, an order dispensing with a hearing as the Appeal Panel is satisfied that the issues for determination can be adequately determined in the absence of the parties by considering any written submissions and other documents or material lodged with or provided to the Appeal Panel. 2. Refuse leave to appeal. 3. Dismiss the appeal. Catchwords: APPEAL- COSTS – appeal from Consumer and Commercial Division – hearing on the papers - s 60 Civil and Administrative Tribunal Act 2013 (NSW) - discretion – whether special circumstances – late withdrawal of application – whether appellant unnecessarily disadvantaged by conduct of the respondents - failure to articulate purported errors of law – principles in House v The King – no resolution passed by appellant to incur legal expenses – claim for legal expenses - no leave sought by appellant to be legally represented before Tribunal – ghost writing lawyer Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulations 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Arambewela v Castle Projects Pty Ltd [2018] NSWCATAP 14 Azzi v Phan [2017] NSWCATAP 215 Channell v Graham [2017] NSWCATAP 129 Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Croghan v Rees [2021] NSWCATAP 328 Dehsabzi v The Owners-Strata Plan No 83556 [2019] NSWCATAP 65 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs [2020] FCAFC 83; (2020) 276 FCR 401 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 House v King [1936] HCA 40; 55 CLR 499 Huang v Attapallil & Ors [2017] NSWCA 181 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256. Pillay v Ku-ring-Gai Council [2015] NSWCATAP 83 Durran t/as Canberra Sheds and Outdoor Storage v Bliss [2018] NSWCATAP 43 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia: ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Shoal Bay Developments Pty Ltd v Community Association DP 270468 [2020] NSWCATAP 115 Solomons v Valley Motor Auctions [2017] NSWCATAP 31 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 The Owners-Strata Plan No 70871 v Turek [2022] NSWCATAP 83 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Texts Cited: None Category: Principal judgment Parties: The Owners – Strata Plan No. 54545 (Appellant) Nigel Hudson (First Respondent) Patricia Stokes (Second Respondent) Representation: Solicitors: Bugden Allen Graham Lawyers (Appellant) Respondents (Self represented) File Number(s): 2022/00286882 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Commercial and Consumer Division Citation: N/A Date of Decision: 29 August 2022 Before: K Ross, Senior Member File Number(s): SC 22/01557