Roberts v The Owners – Strata Plan No 4393 (No 2) [2023] NSWCATAP 243

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v The Owners – Strata Plan No 4393 (No 2) [2023] NSWCATAP 243 Hearing dates: On the papers Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member E Bishop SC, Senior Member Decision: 1. A hearing on costs is dispensed with. 2. The parties are to pay their own costs of the appeal. Catchwords: COSTS — whether amount claimed or in dispute in proceedings more than $30,000 — whether there are any "special circumstances" to warrant an award of costs — amount claimed or in dispute not more than $30,000 — no special circumstances — costs not awarded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, Sch 4 cl 4 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Cases Cited: Allen v TricCare (Hastings) Ltd [2017] NSWCATAP 25 Feng v Ozwood (Australia) Pty Ltd [2020] NSWCATAP 42 Ferella v Chief Commissioner of State Revenue (2014) 96 ATR 875; [2014] NSWCA 378 Grasso v Owners of Strata Plan No 52399 [2022] NSWCATAP 91 House v the King (1936) 55 CLR 499 Roberts v The Owners – Strata Plan No 4393 [2023] NSWCATAP 119 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: Nil Category: Costs Parties: Mei Lan Roberts (Appellant) The Owners - Strata Plan No 4393 (Respondent) Representation: Solicitors: Juris Cor Legal (Appellant) Thomas Martin Lawyers (Respondent) File Number(s): 2023/00013293 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 December 2022 Before: S A McDonald, Senior Member File Number(s): SC 22/08452