Owners Corporation SP 80412 v Vickery [2018] NSWCATAP 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 80412 v Vickery [2018] NSWCATAP 29 Hearing dates: 30 August 2017, 16 October 2017 Date of orders: 24 January 2018 Decision date: 24 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member M Anderson, Senior Member Decision: 1 The appeal is allowed. 2 The orders made 4 May 2017 in application SCS16/18301 are set aside and the application for costs of Graham Vickery is dismissed. 3 Save as provided above, appeals AP 17/25042 and AP 17/25981 are dismissed. Catchwords: Appeal and cross appeal from proceedings referred by adjudicator under section 164 Strata Schemes Management Act 1996 (NSW) (now repealed) to NCAT – Costs application before the Tribunal – whether jurisdiction and/or power to make a costs order in referral proceedings. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017 NSWCATAP 25 Beck & Anor v Owners Corporation Strata Plan No 64622 [2009] NSWSC 962 Bischoff & Ors v Rita Sahade & Anor [2015] NSWCATAP 135 Coles v Owners Corporation SP 57164 (Strata & Community Schemes) [2007] NSWCTTT 338 Collins v Urban [2014] NSWCATAP 17 David and Lyna Cannell v Stuart and Gloria Barton [2014] NSWCATCD 103 Lindsay Player, Carol Player and Benuki Pty Ltd v Themistoclis Christou and Amalia Christou [2014] NSWCATCD 60 Medical Council of New South Wales v Lee [2017] NSWCA 282 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Phillips & Ors v Owners Corporation SP 3273 (Strata & Community Schemes) [2005] NSWCTTT 295 Ramid Investments Pty Ltd v The Owners Strata Plan No 45205 [2014] NSWCATCD 43 The Owners Corporation SP 32735 v Swan [2009] NSWCTTT 680 The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 Wrigley v Owners Corporation SP 53413 [2017] NSWCATAP 100 Texts Cited: Macquarie Dictionary, Revised Third Edition Words and Phrases Judicially Defined, Roland Burrows KC, Butterworths, 1946 Category: Principal judgment Parties: AP 1725042 The Owners- Strata Plan SP 80412 (Appellant) Graham John Vickery (Respondent)