Westerweller v The Owners Strata Plan No 18482 (No 2) [2023] NSWCATAP 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Westerweller v The Owners Strata Plan No 18482 (No 2) [2023] NSWCATAP 163 Hearing dates: On the papers Date of orders: 19 June 2023 Decision date: 19 June 2023 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member R C Titterton OAM, Senior Member Decision: (1) A hearing is dispensed with. (2) The appellant is to pay the respondent's costs as agreed or as assessed. Catchwords: APPEALS – costs – special circumstances established warranting an award of costs – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2023 (NSW) – ss 50, 60 Westerweller v The Owners Strata Plan No 18482 [2023] NSWCATAP 113 Civil and Administrative Tribunal Act 2013 (NSW), s 50(2). Cases Cited: Roberts v The Owners – Strata Plan No 4393 [2023] NSWCATAP 119 Di Salvo v Leung [2014] NSWCATAP 44 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: None cited Category: Principal judgment Parties: Maurice Clifford Westerweller (Appellant) The Owners – Strata Plan No 18482 (Respondent) Representation: Counsel: D P O'Dowd (Appellant)

Solicitors: Gillis Delaney Lawyers (Appellant) J S Mueller & Co (Respondent) File Number(s): 2023/00032707 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Before: D Ziegler, Senior Member File Number(s): SC 22/10623