Ross v The Owners – Strata Plan No 61667 [2023] NSWCATAP 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ross v The Owners – Strata Plan No 61667 [2023] NSWCATAP 147 Hearing dates: 19 April 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) Leave is granted to the respondent to be legally represented (which was announced on 19 April 2023). (2) The application to extend time to lodge the application to reinstate appeal proceedings 2023/00063450 is refused. (3) A hearing of the respondent's application for its costs of the appeal is dispensed with. (4) The respondent's application for its costs of the appeal is dismissed. (5) In respect of the respondent's application for its costs of the application for reinstatement: (a) The respondent is to lodge in the Appeal Registry and give to the Applicants its evidence and submissions in support of the application for costs, within 14 days. (b) Any submissions and evidence in response to the costs application are to be lodged with the Appeal Registry and given to the Respondent within 14 days thereafter. (c) Submissions on the application for costs by each party are not to exceed five pages in length. (d) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course, they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. If a hearing is not dispensed with, the parties will be advised of a date for the hearing of the application. Catchwords: APPEAL – reinstatement after dismissal for non-appearance – principles to be applied where extension of time required COSTS – costs of appeal where dismissed but application not supported by submissions and of application to reinstate appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 50(2), 55, 60 Civil and Administrative Tribunal Rules 2014 (NSW), rr 6(2), 36 Strata Schemes Management Act 2015 (NSW) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Gallo v Dawson [1990] HCA 30; 93 ALR 479 Harmony Stone Gallery Pty Ltd v Ajuria [2017] NSWCATAP 80 Kelly v Szatow [2020] NSWSC 407 Lee v New South Wales Crime Commission [2012] NSWCA 262; 224 A Crim R 94 Magjarraj v Asteron Life Limited [2009] NSWSC 1433 MPP Property Pty Ltd v Soliman Hospital Pty Ltd [2021] NSWCATAP 90 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Wallace v Price [2017] NSWCATAP 151 Category: Procedural rulings Parties: Raymond Ross (First Applicant) Sarab Chami (Second Applicant) The Owners – Strata Plan No 61667 (Respondent) Representation: Counsel: D F Elliot (Respondent)