Roberts v The Owners – Strata Plan No 4393 [2023] NSWCATAP 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v The Owners – Strata Plan No 4393 [2023] NSWCATAP 119 Hearing dates: 21 March 2023 Date of orders: 08 May 2023 Decision date: 08 May 2023 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member E Bishop SC, Senior Member Decision: 1. The time to appeal is extended up to and including 13 January 2023. 2. The appeal is dismissed. 3. If any party desires to make an application for costs: (a) that party is to so inform the other party within 7 days of the date of these reasons; (b) the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than three pages on or before 7 days from the date of these reasons; (c) the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than three pages on or before 14 days from the date of these reasons; (d) any reply submissions limited to two pages are to be lodged with the Appeal Panel and served on the other party within 21 days of the date of these reasons; (e) the parties are to indicate in their submissions whether they consent to an order dispensing with a hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted. Catchwords: COSTS — application of s 60 of the Civil and Administrative Tribunal Act 2013 — appeal therefrom — general considerations relating to appeals from final decisions as to costs — no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4(1), 36(3), 60(3)(a), 60(3)(b), 60(3)(f), 60(3)(g), 80(2)(b) Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Bruce v Knight (No.4) [2021] NSWCATAP 412 Collins v Urban [2014] NSWCATAP 17 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Fisk v. Gold [2021] NSWSC 1465 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kanjian Holdings No. 1 Pty Ltd v. Kanjian (No 4) [2021] NSWSC 1390 McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 Moloney v Taylor [2016] NSWCA 199 Monument Building Group Pty Ltd v Kapila (No. 2) [2021] NSWCATAP 339 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Re Minister for Immigration & Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Sadlo v Australian Retirement Holdings Pty Ltd [2020] NSWCATAP 169 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: Mei Lan Roberts (Appellant) The Owners - Strata Plan No 4393 (Respondent) Representation: Counsel M Swanson (Appellant) M Cobb-Clark (Respondent)