Purcell v The Owners – Strata Plan No 908; The Owners – Strata Plan No 908 v Purcell [2023] NSWCATCD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Purcell v The Owners – Strata Plan No 908; The Owners – Strata Plan No 908 v Purcell [2023] NSWCATCD 176 Hearing dates: On the papers Date of orders: 04 October 2023 Decision date: 04 October 2023 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: 1 The applications for costs by the parties in the proceedings constituted by file nos. SC 23/10509, SC 23/10510, and SC 23/21771, are dismissed. 2 No order as to costs, with the intent that each party is to bear their own costs of the proceedings. Catchwords: COSTS – consent orders – no contested hearing on the merits of the parties' various disputes - no special circumstances – exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 Diaspora Holdings Pty Ltd v Owners SP 68608 [2019] NSWCATAP 250 Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 at [24] Williams v Lewer [1974] 2 NSWLR 91 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Oshlack Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Texts Cited: None Category: Costs Parties: Danielle Gai Purcell (the applicant in SC 23/10509 and SC 23/10510, the respondent in SC 23/21771)