The Owners – Strata Plan 5172 v Finkelstein (No 2) [2023] NSWCATCD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan 5172 v Finkelstein (No 2) [2023] NSWCATCD 166 Hearing dates: On the papers Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Consumer and Commercial Division Before: R Alkadamani, Senior Member Decision: 1. An order pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing. 2. An order that The Owners – Strata Plan No 5172 pay 65% of Annabel Sophie Finkelstein's costs of and incidental to proceedings SC 21/45784, on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation, (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). 3. An order that The Owners – Strata Plan No 5172 pay Brittany Chloe Cohen's costs of and incidental to proceedings SC 21/50115, on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation, (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). 4. An order that The Owners – Strata Plan No 5172 not levy a contribution on the owner of Lot 5 or the owner of Lot 6 for the owners corporations costs and expenses in proceedings SC 21/38767, SC 21/45784 and SC 21/50115. 5. An order that none of the costs payable under the preceding orders be paid from any levy that includes money contributed by the owner of lot 5 or the owner of lot 6 with the intention that the owners corporation promptly raise a special levy for contributions for such costs and expenses and such contribution not be levied on Lot 5 and Lot 6 to pay the costs payable under the preceding orders. Catchwords: COSTS – special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50 and 60 Cases Cited: BNT Constructions Pty Ltd v Allen [2017] NSWCATAP 186 Cachia v Hanes [1994] HCA; (1994) 179 CLR 403 Gelder v The Owners – Strata Plan No. 38308 [2021] NSWCATAP 109 Jubian v Clark (No 2); Clark v Jubian (No 2) (2016) NSWCATAP 153 Kadsielski v Guca 1 Pty Limited [2018] NSWCATAP 223 Wynne Avenue Property Pty Limited v MJHQ Pty Limited [2018] NSWCATAP 197 Texts Cited: None Category: Costs Parties: 2021/00390857 (previously SC 21/38767) The Owners – Strata Plan No. SP 5172 (Applicant) Annabel Sophie Finkelstein (Respondent)