The Owners - Strata Plan No 2661 v Selkirk [2024] NSWCATEN 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 2661 v Selkirk [2024] NSWCATEN 4 Hearing dates: On The Papers Date of orders: 6 November 2024 Decision date: 06 November 2024 Jurisdiction: Enforcement Before: Coleman SC ADCJ, Principal Member Decision: (1) That, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Tribunal dispenses with a hearing of this application. (2) That, pursuant to s 60(4) of the Civil and Administrative Tribunal Act 2013 (NSW) the Owners Strata 2661 are restrained from applying any funds held to the credit of Simone Selkirk or payable by her to it towards or for the purposes of paying the Owners' costs of or incidental to these proceedings. Catchwords: CONTEMPT - special circumstances warranting an order of costs – Civil and Administrative Act 2013 section 73 - contempt application withdrawn - unconditional withdrawal and dismissal of any application without a determination on the merits – both parties acted reasonably – Tribunal not satisfied that special circumstances have been established - discretion to award costs not enlivened. Legislation Cited: Civil and Administrative Tribunal Act 2014 (NSW) Cases Cited: DVT v Commissioner of Police (No. 4) [2020] NSWCATAD 299 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Farah Bakht v Midas Australia Pty Limited [2006] NSWSC 1322 Lake Burrendong State Park Trust v Thompson [2011] NSWSC 1554 Turner v NSW Forensic and Analytical Science Service Sen/Ice [2017] NSWCATAD 181 Category: Principal judgment Parties: The Owners – Strata Plan No 2661 (Applicant) Simone Selkirk (Respondent) Representation: Counsel: C Purdy (Applicant) A Rizk (Respondent)