Sultan v The Owners Strata Plan no 54721 (No 2) [2024] NSWCATAP 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sultan v The Owners Strata Plan no 54721 (No 2) [2024] NSWCATAP 164 Hearing dates: On the papers Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 a hearing of the parties' respective costs applications is dispensed with. (2) The applications of the parties for costs of the appeal to be paid by the other party are dismissed. Catchwords: COSTS- costs of the appeal- appellant successful in part and otherwise unsuccessful- no special circumstances warranting an award of costs. Legislation Cited: Civil & Administrative Tribunal Act, 2013 (NSW) Civil & Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bright Build Pty Ltd v The Owners – Strata Plan no 94514 [2021] NSWCATAP 163 Owners Corporation Strata Plan no 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Owners of Strata Plan no 36131 v Dimitriou [2009] NSWCA 27 Texts Cited: Not applicable Category: Costs Parties: Samar Sultan (Appellant) The Owners – Strata Plan no 54721 (Respondent) Representation: Counsel: JR Young (Appellant)

Solicitors: GS Law Group (Appellant) Grace Lawyers Pty Ltd (Respondent) File Number(s): 2024/00016910 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 5 January 2024 Before: G Ellis SC (Senior Member) File Number(s): 2023/00389760 and 2023/00394828