Xie v PSMG Pty Ltd trading as Professional Strata Management Group [2024] NSWCATCD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Xie v PSMG Pty Ltd trading as Professional Strata Management Group [2024] NSWCATCD 41 Hearing dates: 22 March 2024 (on the papers) Date of orders: 11 April 2024 Decision date: 11 April 2024 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: In each of the four applications 2023/00386799 (formerly SC 23/30624), 2023/00386792 (formerly SC 23/30630), 2023/00384391 (formerly SC 23/33133), and 2023/00371189 (formerly SC 23/46639): 1 The Tribunal dispenses with a hearing on the question of costs. 2 Each party is to bear their own costs. Catchwords: COSTS - Application of established principles - whether circumstances warranted an order for costs - disproportionate costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd and Ors [1993] FCA 401 BPU v NSW Trustee & Guardian [2016] NSWCATAP 87 eMove Pty Ltd v Dickinson [2015] NSWCATAP 94 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Gorbunov v The Owners – Strata Plan No. 85779 [2023] NSWCATCD, 29 December 2023, Wilson SM Megerditchian v Kumond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council [1998] HCA 11 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin [1997] HCA 6 Transfield Services (Australia) Pty Limited v Gaha [2012] NSWCA 865 Zhang v Chehade [2021] NSWCATCD 105 Texts Cited: None cited Category: Costs Parties: Applicant – Jian Guang Xie Respondent – PSMG Pty Ltd trading as Professional Strata Management Group Representation: Solicitors: Applicant – Makinson d'Apice Former Respondent – Bannermans File Number(s): 2023/00386799 (formerly SC 23/30624), 2023/00386792 (formerly SC 23/30630), 2023/00384391 (formerly SC 23/33133), and 2023/00371189 (formerly SC 23/46639): Publication restriction: Nil