NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lenux v The Owners – Strata Plan No 88786 [2024] NSWCATAP 46 Hearing dates: 20 June 2023 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member J McAteer, Senior Member Decision: (1) The time for the filing of the Notice of Appeal is extended to 15 May 2023. (2) Appeal granted. (3) In matter SC 22/21291 the respondent, Kevin Lenux, is to pay costs of and incidental to the proceedings on a party/party basis as agreed or as assessed in accordance with the Legal Profession Uniform Law Application Act 2014, such costs to be paid within 28 days of agreement or assessment. Catchwords: APPEAL – costs order – denial of procedural fairness – failure to deal with objection to extension of time to make costs application - no opportunity to make submissions Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: BPU v New South Wales Trustee and Guardian (Costs) [2016] NSWCATAP 87 Brodyn Pty Ltd v Owners Corporation SP 73019 (No 2) [2016] NSWCATAP 224 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Kevin Lenux, Appellant The Owners – Strata Plan No 88786, Respondent Representation: Applicant self-represented Strata Specialist Lawyers, Solicitors for the respondent File Number(s): 2023/00104772 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 March 2023 Before: J Ringrose, General Member File Number(s): SC 22/21291
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