The Owners-Strata Plan No. 54026 v Kastri Aev Pty Ltd [2024] NSWCATAP 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No. 54026 v Kastri Aev Pty Ltd [2024] NSWCATAP 161 Hearing dates: 13 February 2024 with written submissions by 21 June 2024 Date of orders: 19 August 2024 Decision date: 19 August 2024 Jurisdiction: Appeal Panel Before: G Burton SC, Senior Member C Mulvey, Senior Member Decision: (1) Order that a hearing on costs be dispensed with. (2) Make no order as to the costs of the appeal. (3) Note the effect of s 104 of the Strata Schemes Management Act 2015 (NSW) in favour of the respondent as successful in the appeal proceedings. Catchwords: REAL PROPERTY – STRATA MANAGEMENT – effect of Strata Schemes Management Act 2015 (NSW) s 104 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Owners SP 74698 v Jacinta Investments PL [2021] NSWCATAP 387 Texts Cited: None cited Category: Costs Parties: The Owners-Strata Plan No. SP54026 (Appellant) Kastri Aev Pty Ltd (Respondent) Representation: Mr S Garcia, Sparke Helmore Lawyers (Appellant) Ms K Vadakis (Sole director and authorised representative of Respondent) File Number(s): 2023/00363159 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 19 October 2023 Before: D Bluth, Senior Member File Number(s): SC 23/36562