Allsopp v Owners Corporation SP6006 [2024] NSWCATAP 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Allsopp v Owners Corporation SP6006 [2024] NSWCATAP 93 Hearing dates: On the papers Date of orders: 27 May 2024 Decision date: 27 May 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Tribunal dispenses with a hearing of the costs application. 2. The appellant is to pay the respondent's costs of this appeal fixed in an amount of $7,345.00. 3. The amount of the costs is to be paid within sixty (60) days of the date of these orders. Catchwords: COSTS – award for costs where appeal dismissed for non-appearance of appellant – special circumstances – appellant failing to appear at hearing of appeal despite expressly requesting a hearing – failure to comply with duty under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW) – claim for lump-sum award of costs – principles applicable to fixing lump-sum Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Commissioner of Police v Robinson (No 2) [2022] NSWCATAP 280 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (No 2) [2015] NSWCA 422 Ellis v The Owners – Strata Plan 80605 [2018] NSWCATAP 174 Hamod v State of New South Wales [2011] NSWCA 375 Kostov v Zhang (No 2) [2016] NSWCA 279 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2011] NSWSC 11 ZXJ v ZXK [No 2] [2023] NSWCATAP 76 Texts Cited: Nil Category: Costs Parties: Appellant: Leigh Fredrick Allsopp Respondent: Owners Corporation SP6006 Representation: Appellant: No appearance but written costs submissions Respondent: Shane Williamson, written costs submissions