Harasty v The Owners- Strata Plan No.13031, No.2 [2023] NSWCATAP 280

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harasty v The Owners- Strata Plan No.13031, No.2 [2023] NSWCATAP 280 Hearing dates: On the papers Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member J S Currie, Senior Member Decision: 1. A hearing on costs is dispensed with in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The Costs Respondent is to pay 50% of the Costs Applicant's costs of the appeal as agreed or assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014). Catchwords: COSTS- costs of appeal- special circumstances- late withdrawal of allegation by Costs Respondent where other grounds not pursued at appeal hearing- where Costs Respondent warned at Directions Hearing as to possibility of costs order in those circumstances– effect of withdrawal as a surrender – proportion of costs properly payable. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) sections 50(2), 60(4); Schedule 4 clause 12(1)(c) Legal Profession Uniform Law Application Act 2014 NSW), section 3A Legal Profession Uniform Law Australian Solicitors' Conduct Rules, Rules 21.4 and 32 Cases Cited: D Constructions Pty Limited v Walsh [2020] NSWCATAP 91 Harasty v The Owners-Strata Plan No. 13031 [2023] NSWCATAP 233 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Vogt v Mercer [2001] NSWCA 3 Texts Cited: Nil Category: Costs Parties: The Owners-Strata Plan No. 13031 (Costs Applicant) Ricky Harasty (Costs Respondent) Representation: Solicitors: