Zouk v The Owners Corporation of Strata Plan 4521 & Anor [2005] NSWSC 845

New South Wales Supreme Court

CITATION : Zouk v The Owners Corporation of Strata Plan 4521 & Anor [2005] NSWSC 845

HEARING DATE(S) : 24 August 2005

JUDGMENT DATE : 26 August 2005

JURISDICTION : Common Law Division

JUDGMENT OF : Associate Justice Malpass at 1

DECISION : The order for payment of costs made by the Tribunal on 7 April 2005 is set aside; the first defendant is to pay the costs of the appeal incurred subsequent to 1 July 2005 - otherwise the parties are to pay their own costs; if it is so entitled, the first defendant is to have a certificate under the Suitors' Fund Act 1951; the exhibits may be returned.

CATCHWORDS : Challenge to decision on appeal from adjudication - new evidence - fresh hearing or appeal - statutory construction - power to order payment of costs when appeal is dismissed because of specified reasons - meaning of "lacking in substance" - the making of the order is discretionary - extension of time.

LEGISLATION CITED : Strata Schemes Management Act 1996

Cocks Macnish & Anor v Biundo [2004] WASCA 194 CASES CITED : Langley v Niland [1981] 2 NSWLR 104

Emelie Zouk (Plaintiff) PARTIES : The Owners Corporation of Strata Plan 4521 (First Defendant) Consumer Trader & Tenancy Tribunal (Second Defendant)

FILE NUMBER(S) : SC 11672/05

Mr G B Evans (Plaintiff) COUNSEL : Mr C D Freeman (First Defendant)

George Khoury & Co (Plaintiff) SOLICITORS : Paltos & Co (First Defendant) I V Knight Crown Solicitor (Second Defendant)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : SCS 03/46587