The Owners – Strata Plan No 82306 v Anderson [2018] NSWCATCD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 82306 v Anderson [2018] NSWCATCD 1 Hearing dates: On the papers Date of orders: 05 February 2018 Decision date: 05 February 2018 Jurisdiction: Consumer and Commercial Division Before: Wright J, President M Harrowell, Principal Member R Seiden SC, Principal Member Decision: 1. Pursuant to s 50 of the NCAT Act, the Tribunal dispenses with an oral hearing.

2. The respondent is to pay the applicant's costs of the proceedings on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014), as agreed or assessed. Catchwords: NSW CIVIL AND ADMINISTRATIVE TRIBUNAL – COSTS – when enabling legislation provides for the making of a costs order – discretion to award costs under the Strata Schemes Management Act 1996 – principles as to when fixed sum costs orders are appropriate Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules (2014) Interpretation Act 1987 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: 203 Castlereagh Street Pty Limited v Skybloo Holdings Pty Limited [2017] NSWCATAP 29 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 elnduct Systems Pty Ltd v 3D Safety Services Pty Ltd (No 2) [2015] NSWCA 422 Gleeson Anor t/as ANT Building v The Owners Strata Plan No 81893 [2016] NSWSCATAP 115 Hamod v State of NSW and Anor [2011] NSWCA 375 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Kostov v Zhang (No 2) [2016] NSWCA 279 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Ohn v Walton (1995) 36 NSWLR 77 Qasim v Health Care Complaints Commission [2015] NSWCA 282 The Owners – Strata Plan No 82306 v Anderson [2017] NSWCATCD 85 Category: Costs Parties: Owners Corporation SP 82306 (Applicant) Prudence Anderson (Respondent) Representation: Solicitors: Lawyers Chambers on Riley (Applicant) File Number(s): SC 17/22766