Kimber v The Owners Strata Plan No. 48216 [2016] NSWSC 1397

Supreme Court New South Wales

Medium Neutral Citation: Kimber v The Owners Strata Plan No. 48216 [2016] NSWSC 1397 Hearing dates: 29 September 2016 Date of orders: 30 September 2016 Decision date: 30 September 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the summons.

(2) Refuse leave to the plaintiff to appeal against the decision of the New South Wales Civil and Administrative Tribunal, constituted by Senior Member Boyce, made on 25 May 2016 that she pay the defendant's costs for the period 11 March 2016 until 13 April 2016 as agreed or assessed on the ordinary basis.

(3) Order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: COSTS – appeal – application for leave to appeal decision of NSW Civil and Administrative Tribunal – no error of law identified in decision of Tribunal – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 55. 60, 83 Uniform Civil Procedure Rules (2005) NSW, r 51.12 Cases Cited: Kimber v The Owners Strata Plan No. 48216 [2016] FCA 1090 Category: Principal judgment Parties: Janelle Kimber The Owners Strata Plan No. 48216 (Defendant) Representation: Counsel: Plaintiff in person S Heimanis (solicitor) (Defendant)

Solicitors: Plaintiff in person Grace Lawyers (Defendant) File Number(s): 2016/190018 Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: 2016 NSWCAT Date of Decision: 25 May 2016 Before: P Boyce, Senior Member File Number(s): SCS 15/58745