BCS Strata Management Pty Ltd v The Owners Corporation SP 61759 [2016] NSWCATAP 275

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BCS Strata Management Pty Ltd v The Owners Corporation SP 61759 [2016] NSWCATAP 275 Hearing dates: On the papers, last submission filed 16 December 2016 Date of orders: 31 August 2017 Decision date: 13 November 2016 Jurisdiction: Appeal Panel Before: J Harris SC, Senior Member DAC Robertson, Senior Member Decision: 1. Confirm Order 2 made on 30 November 2016 that the respondent is to pay the appellant's costs of the appeal.

2. No order as to the costs of application GEN 15/31589.

3. No order as to the costs of the submissions on costs. Catchwords: COSTS – Appeal on multiple issues – appellant succeeds on one issue – not a case for the allocation of costs between issues - Calderbank letter – in all circumstances reasonable for applicant not to accept Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bowen Investments v Tabcorp Holdings Ltd (No.2) [2008] FCAFC 107 Calderbank v Calderbank [1975] 3 All ER 333 Markinsky v Zammit [2016] NSWCATAP 253 Priestley v Priestley (No 2) [2016] NSWSC 1259 Category: Costs Parties: BCS Strata Management Pty Ltd (Appellant) Owners Corporation Strata Plan 61759 (Respondent) Representation: Appellant: Grace Lawyers Respondent: Dr Redelman, Chairperson File Number(s): AP 16/22999 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 14 April 2016 Before: C Campbell, General Member File Number(s): GEN 15/31589