Huo v The Owners – SP No 44652 [2024] NSWCATAP 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huo v The Owners – SP No 44652 [2024] NSWCATAP 207 Hearing dates: On the papers Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member M Deane, Senior Member Decision: (1) A hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The appeal is allowed. (3) The decision under review is set aside. (4) The costs decision only is remitted to the Consumer and Commercial Division of the Tribunal for reconsideration of the costs application in light of all relevant costs submissions made up to 17 June 2024 (including the Appellant's submissions of 10 May 2024), but with no further submissions, unless leave is granted by the Consumer and Commercial Division of the Tribunal. (5) There is no order for costs in the appeal. Catchwords: COSTS – Appellant ordered to pay respondent's costs – whether error on question of law – failure to take into account appellant's submissions on costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 (NSW) Cases Cited: Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Italiano v Carbone [2005] NSWCA 177 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Michell Huo (Appellant) The Owners – SP No 44652 (Respondent) Representation: Solicitors: Appellant (self-represented) Madison Marcus Law Firm (Respondent) File Number(s): 2024/00260016 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 June 2024 Before: RC Titterton OAM, Senior Member File Number(s): 2024/000575553