Spicer v Owners Corporation SP 64558 [2016] NSWCATAP 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Spicer v Owners Corporation SP 64558 [2016] NSWCATAP 11 Hearing dates: 17 August 2015 Date of orders: 13 January 2016 Decision date: 13 January 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President M Harrowell, Principal Member Decision: (1) Grant leave to appeal the decision in respect of order 1 made 21 April 2015. (2) Order 1 made 21 April 2015 set aside and in lieu thereof the following order is made: The proceedings are withdrawn on the application of the applicant pursuant to s 28(5)(h) of the CTTT Act. (3) The appeal is otherwise dismissed. (4) Any application for costs in relation to the appeal is to be filed and served within 14 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application. (5) The party against whom any application for costs is made must file and serve any submissions and material in reply within 21 days from the date of these orders. (6) The applicant for costs is to file any submissions in reply within 28 days from the date of these orders. (7) The submissions by the parties are also to address the question of whether or not any application for costs should be dealt with on the papers and whether the Tribunal should make an order to allow this to occur. Catchwords: Strata Scheme Management Act- power to award costs following withdrawal of application, form of order to effect withdrawal. Meaning of "misconceived", requirements for making an order dismissing proceedings that are misconceived. Consumer Trader and Tenancy Tribunal Act- power to make orders under s 28 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) Civil and Administrative Legislation (Repeal and Amendment) Act 2013 (NSW) Home Building Act 1989 (NSW) Strata Schemes Management Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anderson Stuart v Treleaven (2000) 49 NSWLR 88 Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 Collins v Urban [2014] NSWCATAP 17 Green v Schneller [2013] NSWSC 202 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 House v The King (1936) 55 CLR 499 McCauley v McCauley (1910) 10 CLR 434 Merit Protection Commissioner v Nonnenmacher [1999] FCA 274 Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd [2007] NSWSC 1120 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] 209 CLR 597 Mowemo Pty Ltd v OC SP 74481 [2013] NSWCTTT 308 Re Luck [2003] HCA 70 Refugee Review Tribunal, Re: Ex parte Aala (2000) 2004 CLR 82 Sorose Pty Ltd (in liq) v The Owners- Strata Plan 80638 (SCS 1222798) Spencer v Commonwealth (1907) 5 CLR 418 The Owners Corporation of Strata Plan 4521 v Zouk [2007] NSWCA 23 Texts Cited: Nil Category: Principal judgment Parties: Chris and Peter Spicer (appellant) Ron Osborne (appellant) Michael Pain (appellant) Phillip Towzell (appellant) David Calver (appellant) Richard Hill (appellant) Bill Shields (appellant) David Mathlin (appellant) Peter Ledgerwood (appellant)