Noor v The Owners - Strata Plan No 72939 (No 3) [2023] NSWCATAP 275

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Noor v The Owners - Strata Plan No 72939 (No 3) [2023] NSWCATAP 275 Hearing dates: On the papers Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member J S Currie, Senior Member Decision: 1. A hearing of the application of each of the appellant and the respondent to vary order 6 of the orders made on 24 August 2023 is dispensed with. 2. To the extent necessary the time for the service of the respondent's application to vary order 6 of the orders made on 24 August 2023 is extended until 20 September 2023. 3. The time for the service of the appellant's application to vary order 6 of the orders made on 24 August 2023 is extended until 20 September 2023. 4. The application of each of the appellant and the respondent to vary order 6 of the orders made on 24 August 2023 is dismissed. Catchwords: COSTS — Party/Party — Appeals – amount in dispute exceeds $30,000 - general rule that costs follow the event - issues severable – respondent successful on one issue – whether order for costs should reflect respondent's partial success and unreasonable conduct of the appellant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 50 Civil and Administrative Tribunal Rules 2014 (NSW), r 38A Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Colourrender (Australia) Pty Ltd v Sarkis; Sarkis v Colourrender (Australia) Pty Ltd (No 2) [2023] NSWCATAP 250 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 Jamal v Secretary, Department of Health (1988) 14 NSWLR 252 Lollis v Loulatzis & Anor (No 2) [2008] VSC 35 Manca v Tullipan Homes Pty Ltd (No 2) [2022] NSWCATAP 332 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Short v Crawley (No 40) [2008] NSWSC 1302 Smith v Giro Construction Pty Ltd [2015] NSWCATAP 214 Texts Cited: None cited Category: Costs Parties: Haidi Noor (Appellant) The Owners – Strata Plan No 72939 (Respondent) Representation: A Noor (Appellant)