Owners Corporation SP 79417 v Trajcevski (No.2) [2017] NSWCATAP 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 79417 v Trajcevski (No.2) [2017] NSWCATAP 173 Hearing dates: Heard on the papers Date of orders: 16 August 2017 Decision date: 16 August 2017 Jurisdiction: Appeal Panel Before: P. Callahan SC, Principal Member D. Goldstein, Senior Member Decision: The Owners – Strata Plan No. 79417 must pay the respondents' costs of and incidental to these appeal proceedings such costs if not agreed to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 Catchwords: Indemnity costs – whether the applicant had prospects of success at the relevant time Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Legal Profession Uniform Law Application Act 2014 Cases Cited: Augustus v Mohammed (No.2) [2016] NSWCATAP 165 Dean v Stockland Property Management Pty Ltd (No 2) [2010] NSWCA 141 Edwards v CohenHandler Pty Ltd (No. 2) [2017] NSWCATAP 81 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Owners Corporation SP 79417 v Trajcevski [2017] NSWCATAP 101 Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: The Owners – Strata Plan No. 79417:Appellant: Michael Trajcevski and Snez Trajcevski: Respondents Representation: Solicitors: Birch Partners (Respondents) File Number(s): AP 16/26346 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2016] NSWCATCD Date of Decision: 29 April 2016 Before: P Boyce, Senior Member File Number(s): HB 14/36424