Lu v The Owners - Strata Plan No 66347 [2025] NSWCATAP 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lu v The Owners - Strata Plan No 66347 [2025] NSWCATAP 2 Hearing dates: On the papers Date of orders: 6 January 2025 Decision date: 06 January 2025 Jurisdiction: Appeal Panel Before: G Blake AM SC, Principal Member Decision: (1) A hearing of the costs application of the respondent is dispensed with. (2) The costs application of the respondent is dismissed. (3) Each of the appellant and the respondent is to pay their costs of the appeal. Catchwords: COSTS – costs application by the respondent – principles – withdrawal of appeal by the appellant - no hearing on the merits – costs application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 45, 50, 60 Civil and Administrative Tribunal Rules 2014 (NSW), r 29 Fair Work Act 2009 (Cth), s 596 Strata Schemes Management Act 2015 (NSW), ss 188, 237 Uniform Procedure Rules 2005 (NSW), r 42.20 Cases Cited: Balout v Bella Ikea Cronulla Pty Ltd (No 2) [2024] NSWSC 1173 BDK v Department of Education and Communities [2015] NSWCATAP 129 Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Bruce v Knight (No 4) [2021] NSWCATAP 412 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Fitzgerald v Woolworths Ltd [2017] FWCFB 2797; (2017) 270 IR 128 Immigration and Ethnic Affairs, Re Minister for; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Knox v Bollen; Bollen v Knox [2018] NSWCATAP 106 MacDermott v Wang [2022] NSWCATCD 71 New Island Developments Pty Ltd v New Island Investments One Pty Ltd (No 2) [2024] NSWSC 454 N & T Buildings Pty Ltd v Ball [2018] NSWCATAP 83 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 ONE.TEL Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 The Owners - Strata Plan No. 47027 v Peter Clisdell Pty Ltd (No 2) [2018] NSWCATAP 46 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: None cited Category: Costs Parties: Xiao Chun Lu (Appellant) The Owners - Strata Plan No 66347 (First Respondent) Zhi Peng Zhang (Second Respondent) Representation: Solicitors: Yeoman Legal (Appellant) Project Lawyers (First Respondent) Second Respondent (No Appearance) File Number(s): 2024/00315052 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 29 July 2024 Before: G Sarginson, Senior Member File Number(s): 2023/00383996 (formerly SC 23/34254)