Casey v Renfay Projects Pty Ltd; Casey v The Owners – Strata Plan No 586 [2024] NSWCATAP 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Casey v Renfay Projects Pty Ltd; Casey v The Owners – Strata Plan No 586 [2024] NSWCATAP 24 Hearing dates: 18 December 2023 Date of orders: 20 February 2024 Decision date: 20 February 2024 Jurisdiction: Appeal Panel Before: D Charles, Senior Member D Fairlie, Senior Member Decision: 1 Appeal No 2023/00308743 is dismissed. 2 Appeal No 2023/00336006 is dismissed. 3 Appeal No 2023/00335992 is dismissed. 4 Subject to order 5, Anne Casey is to pay Renfay Projects Pty Limited and The Owners – Strata Plan 586's costs of the appeal on the ordinary basis as agreed or assessed in accordance with the applicable costs' assessment legislation. 5 Should either party seek a different appeal costs' order, the following directions apply: (a) The applicant for costs (costs' applicant) must file and serve any application with its written submissions on that issue only (no more than 5 pages) within 14 days of the date of these orders. (b) Upon filing an application in accordance with order 5(a), order 4 will cease to have effect. (c) A costs' respondent must file and serve any written submission in response to the issue of costs only (no more than 5 pages) within a further 14 days of receipt the costs' applicant's submissions. (d) A costs' applicant may file and serve a written submission (no more than 3 pages) strictly in reply to a costs' respondent's submissions within a further 7 days of receipt of the costs' respondent's submissions. (e) In any such submissions the parties are to address the matter of whether pursuant to the provisions of the Civil and Administrative Tribunal Act 2013 NSW, s 50(2), the Appeal Panel should dispense with a hearing on the issue of the costs of the appeal, so that the issue is decided on the papers lodged with the Appeal Panel and with appearances of the parties not required. Catchwords: APPEAL – related home building and strata scheme applications – no errors of law in principal decision work order decision and costs decision – no procedural unfairness in conduct of the hearing Texts Cited: None Cited Category: Principal judgment Parties: Anne Casey (Appellant) Renfay Projects Pty Ltd (First Respondent) The Owners – Strata Plan No 586 (Second Respondent) Representation: Counsel: P Horobin (appellant) M Hamdan (second respondent)