Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No 2) [2016] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Hearing dates: On the papers Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: Each party is to pay its own costs of the appeal. Catchwords: COSTS of an appeal – special circumstances. No order even though special circumstances exist. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Bostik Australia Ltd v Liddiard (No.2) 2009 NSWCA 304 Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 [2016] NSWCATAP 113 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 Latoudis v Casey (1990) 170 CLR 334 McPherson v Mace (No 2) [2016] NSWCATAP 198 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Oshlack v Richmond River Council [1998] HCA 11 Category: Costs Parties: Brodyn Pty Ltd (Appellant) Owners Corporation – Strata Plan 73019 (Respondent) Representation: Solicitors: Johninfo Lawyers Pty Ltd (Appellant) Grace Lawyers (Respondent) File Number(s): AP 15/31809 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2015] NSWCATAP 43 Date of Decision: 31 March 2015 Before: D Goldstein File Number(s): HB 08/57503