Gleeson & Anor t/as ANT Building v The Owners – Strata Plan No 81893 [2016] NSWCATAP 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gleeson & Anor t/as ANT Building v The Owners – Strata Plan No 81893 [2016] NSWCATAP 115 Hearing dates: On the papers Date of orders: 31 May 2016 Decision date: 31 May 2016 Jurisdiction: Appeal Panel Before: D Patten, Principal Member M Harrowell, Principal Member Decision: (1) Pursuant to section 50 (2) of the Civil and Administrative Tribunal Act, 2013 a hearing of the respondent's application in connection with the costs of the proceedings before the Tribunal at first instance is dispensed with.

(2) The application for the Appeal Panel to fix the costs of the respondent payable pursuant to Order 4 made by the Appeal Panel on 3 February 2016 is refused.

(3) The Appeal Panel directs that the costs payable pursuant to Order 4 made by the Appeal Panel on 3 February 2016 , if not agreed, are to be assessed as provided in the Legal Profession Uniform Law Application Act 2014 Catchwords: Costs- appropriate order in respect of proceedings at first instance Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Civil Procedure Act, 2005 Legal Profession Uniform Law Application Act 2014 Cases Cited: Wentworth v Wentworth (21 February 1996 – unreported) Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Anthony Joseph Gleeson & Ana Maria Gleeson t/as ANT Building (Appellant) The Owners – Strata Plan No 81893 (Respondent) Representation: Solicitors: Makinson d'Apice Lawyers (appellants) Carneys Lawyers (respondent) File Number(s): AP 15/13452 and AP 15/34642 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 13 February 2015 Before: N Correy, Senior Member File Number(s): HB 12/09956