BNK Café Restaurant Pty Ltd v The Owners – Strata Plan No 33676 (No 2) [2023] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BNK Café Restaurant Pty Ltd v The Owners – Strata Plan No 33676 (No 2) [2023] NSWCATAP 249 Hearing dates: On the papers Date of orders: 31 August 2023 Decision date: 31 August 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member M Deane, Senior Member Decision: 1. A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The application for an award of costs of the appeal is dismissed with the intent that each party bear its own costs. Catchwords: COSTS– costs of appeal – appellant's position not advanced as a result of successful appeal – s 60 of the Civil and Administrative Tribunal Act 2013 – no special circumstances – application for costs of the appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Cripps v G & M Mawson [2006] NSWCA 84 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 ZHH v ZHI (No 2) Texts Cited: None Category: Principal judgment Parties: BNK Café Restaurant Pty Ltd (Appellant) The Owners – Strata Plan No 33676 (Respondent) Representation: Solicitors W van Ede Solicitor JS Mueller & Co (Appellant) (respondent in the costs application) J Bannerman Solicitor Bannerman Lawyers (Respondent) (applicant in the costs application) File Number(s): 2022/00346277 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 October 2022 Before: C Paull Senior Member File Number(s): SC 21/51371 SC 22/18081