Harasty v The Owners – Strata Plan No 13031 [2023] NSWCATAP 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harasty v The Owners – Strata Plan No 13031 [2023] NSWCATAP 233 Hearing dates: 8 May 2023 Date of orders: 22 August 2023 Decision date: 22 August 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member J Currie, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3. No order as to costs. 4. If either party seeks a different costs order, order 3 above ceases to have effect and the following orders apply: (a) The costs applicant is to file and serve any evidence and submissions in support of the different costs order within seven days of the date of publication of these orders; (b) The costs respondent is to file and serve any material in response to the application within seven days thereafter; and (c) In their submissions, the parties must address whether the Appeal Panel should dispense with a hearing and determine the costs application on the basis of the written material provided Catchwords: APPEAL – Strata Law – appeal against costs order – adequacy of reasons – appeal against ancillary orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Civil and Administrative Tribunal Rules 2014 (NSW), Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499; [1936] HCA 40 Johnson v Dibbin Gatsby v Gatsby [2018] NSWCATAP 45 McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 31 Norbis v Norbis (1986) 161 CLR 513 at 518; [1986] HCA 17 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roberts v The Owners – Strata Plan No 4393 [2023] NSWCATAP 119 Texts Cited: None cited Category: Principal judgment Parties: Ricky Harasty (Appellant) The Owners – Strata Plan No 13031 (Respondent) Representation: Solicitors: Bugden Allen Graham Solicitors (Applicant) Grace Lawyers (Respondent) File Number(s): 2023/00080432 Publication restriction: Nil Decision under appeal Court or tribunal: Consumer and Commercial Division Jurisdiction: NSW Civil and Administrative Tribunal Citation: [2020] NSWCATCD Date of Decision: 10 February 2023 Before: R Titterton, Senior Member File Number(s): SC 22/52913