THE OWNERS CORPORATION OF STRATA PLAN 4521 v ZOUK & ANOR. [2007] NSWCA 23

New South Wales Court of Appeal

CITATION: THE OWNERS CORPORATION OF STRATA PLAN 4521 v ZOUK & ANOR. [2007] NSWCA 23 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 23 February 2007

JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Bryson JA at 54

DECISION: Appeal dismissed with costs.

CATCHWORDS: APPEAL – power of Consumer, Trader and Tenancy Tribunal to make an order for costs under s 192 of the Strata Schemes Management Act 1996 (NSW) – whether Tribunal required, under s 192, to make a costs order at the time of dismissal of the appeal – whether Tribunal, in order to award costs, is required to state expressly that it is dismissing an appeal under s 181(5) of the Act because the appeal is "frivolous, vexatious, misconceived or lacking in substance" – whether s 192 restricts the matters to be considered by the Tribunal when determining whether costs should be awarded when an appeal is dismissed – whether the appeal before the Tribunal did in fact lack substance

LEGISLATION CITED: Crimes (Local Courts Appeal and Review) Act 2001 (NSW) Strata Schemes Management Act 1996 (NSW)

CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72 Zouk v The Owners Corporation of Strata Plan 4521 & Anor [2005] NSWSC 845

THE OWNERS CORPORATION OF STRATA PLAN 4521 (Appellant) PARTIES: EMELIE ZOUK (First Respondent) CONSUMER TRADER & TENANCY TRIBUNAL (Second Respondent)

FILE NUMBER(S): CA 40763/2005

C.D. Freeman (Appellant) COUNSEL: G.B. Evans (First Respondent) Submitting appearance (Second Respondent)

Walker Taylor Edwards & Smith (Appellant) SOLICITORS: George Khoury & Co (First Respondent) I.V. Knight, Crown Solicitor (Second Respondent)