Promina Design & Construction Pty Ltd v The Owners – Strata Plan No. 97449 (No 2) [2023] NSWCATAP 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Promina Design & Construction Pty Ltd v The Owners – Strata Plan No. 97449 (No 2) [2023] NSWCATAP 164 Hearing dates: On the papers Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) A hearing of the respondent's application for costs of the application for a stay is dispensed with. (2) The respondent's application for costs of the application for a stay is dismissed. Catchwords: COSTS – failed application for a stay of order transferring proceedings from Tribunal to a Court – Appeal Panel not satisfied order capable of being meaningfully stayed – whether r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) engaged or whether special circumstances warranting an order as to costs established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Ausino International v Apex Sports [2006] NSWSC 1119 Bonita v Shen [2016] NSWCATAP 159 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Fiduciary v Morningstar [2002] NSWSC 432 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Moseley v AB (No 2) [2017] NSWSC 1812 Promina Design & Construction Pty Ltd v The Owners – Strata Plan No. 97449 [2023] NSWCATAP 122 Texts Cited: None cited Category: Costs Parties: Promina Design & Construction Pty Ltd (Appellant) The Owners – Strata Plan No. 97449 (Respondent) Representation: Counsel: T Smartt (Appellant)