The Owners - Strata Plan No. 37762 v Dinh Phuong Dung Pham & Anor [2006] NSWSC 1442

New South Wales Supreme Court

CITATION : The Owners - Strata Plan No. 37762 v Dinh Phuong Dung Pham & Anor [2006] NSWSC 1442 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 29/11/06 and written submissions thereafter

JUDGMENT DATE : 22 December 2006

JURISDICTION : Supreme Court

JUDGMENT OF : Rothman J

DECISION : In addition to the orders made on 29 November 2006-; (iv) the first defendant's application to the Tribunal in matter CSC05/10475 be dismissed; (v) the first defendant pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed; (vi) the first defendant is granted an indemnity certificate under s6 of the Suitors' Fund Act 1951 (NSW); (vii) no order as to the costs of the proceedings before the Consumer, Trader and Tenancy Tribunal; (viii) these proceedings are otherwise dismissed.

CATCHWORDS : TRIBUNALS - Consumer, Trader and Tenancy Tribunal is court for purposes of Suitors Fund Act 1951 (NSW) - Tribunal has power to award costs - costs generally

Civil Procedure Act 2005 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) LEGISLATION CITED : Legal Profession Act 2004 (NSW) Strata Schemes Management Act 1996 (NSW) Suitors' Fund Act 1951 (NSW)

Canceri v Taylor (1994) 1 IRCR 120 Knight v FP Special Assets Limited (1992) 174 CLR 178 Krslovic Homes v Timothy Sparkes [2004] NSWSC 374 CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 R v Kirby; Ex parte Boilermakers' Society of Australia (1956) 94 CLR 254 The Owners - Strata Plan No. 37762 v Dinh Phuong Dung Pham & Anor [2006] NSWSC 1287 Waterside Workers Federation of Australia v JW Alexander (1918) 25 CLR 434