Jones v The Owners – Strata Plan No. 93087 [2023] NSWCATCD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jones v The Owners – Strata Plan No. 93087 [2023] NSWCATCD 116 Hearing dates: On the papers Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, Senior Member Decision: (1) A hearing on the question of costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The parties' respective costs applications are dismissed. (3) Each party is to pay its own costs of and incidental to the proceedings. Catchwords: COSTS – whether special circumstances – claim for costs made against the owners corporation which did not participate in the substantive proceedings. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP 75 Cripps v G & M Mawson [2006] NSWCA 84 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Principal judgment Parties: Michael Jones and others v The Owners – SP 93087 and others Representation: Self-represented (Applicants) C Prestipino (First Respondent) Madison Marcus Law Firm (Second and subsequent Respondents) File Number(s): SC 23/20818 Publication restriction: Nil

REASONS FOR DECISION 1. These reasons for decision relate to the costs of the proceedings. 2. The substantive dispute involved appointment of a compulsory strata manager under s 237 of the Strata Schemes Management Act 2015 (the Strata Act). 3. The applicants in the substantive proceedings were a group of lot owners (the Applicants). The first respondent was the owners corporation of the scheme (the Owners Corporation) and the remaining respondents were lot owners who opposed the orders sought by the Applicants (the Other Respondents). 4. The Other Respondents seek the following costs orders: 1. An order that the Applicants pay the Other Respondents' costs of the proceedings on the ordinary basis, as agreed or assessed; or 2. An order that the Owners Corporation pay the Other Respondents' costs of the proceedings on an indemnity basis. 1. The Applicants and the Owners Corporation oppose the Other Respondents' respective costs applications and each seek an order that the Other Respondents pay their respective costs of responding to the costs application. 2. For the reasons that follow I have decided to dismiss each party's costs application and to order that each party pay its own costs of and incidental to the proceedings.