Quo Warranto Pty Ltd v Goodman (No 2) [2023] NSWCATAP 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quo Warranto Pty Ltd v Goodman (No 2) [2023] NSWCATAP 142 Hearing dates: On the papers Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member C Fougere, Principal Member Decision: (1) A hearing is dispensed with pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013. (2) Jonathan Mark Goodman and Barbara Beth Goodman and William Theo Locke and Nicole Jeanne Locke are to pay the costs of The Owners – Strata Plan No. 15482 and Michael Braham Joel and Alexandra Joel in respect of the application for substantive orders (SC 21/18734), on the ordinary basis, as agreed or assessed. (3) The applications for costs are otherwise dismissed. (4) The Appeal Panel notes that in respect of the costs of the Owners Corporation, the appellant, the Owners Corporation and the fifth respondent are the successful parties in the Tribunal and appeal proceedings. Catchwords: COSTS – Appeal – Whether rule 38 or s 60 applies in Tribunal and appeal proceedings – special circumstances – exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 1996 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Hanave Pty Ltd v Wine Nomad Pty Ltd; Wine Nomad Pty Ltd v Hanave Pty Ltd (No 2) [2022] NSWCATAP 361 Latoudis v Casey [1990] 170 CLR 534 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Oshlak v Richmond River Council [1998] HCA 11 Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315 The Owners - Strata Plan 20211 v Rosenthal [2019] NSWCATAP 49 The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Wynne Avenue Property Ltd v MJHQ Pty Ltd (No 2) [2019] NSWCATAP 68 Texts Cited: None cited Category: Costs Parties: Quo Warranto Pty Ltd (Appellant) Jonathan Mark Goodman and Barbara Beth Goodman (First Respondents) William Theo Locke and Nicole Jeanne Locke (Second Respondents) Strata Choice Pty Ltd (Third Respondent) The Owners – Strata Plan No. 15482 (Fourth Respondent) Michael Braham Joel and Alexandra Joel (Fifth Respondents) Representation: Counsel: Mr M Forgacs (First and Second Respondents)