The Owners - Strata Plan No. 47027 v Peter Clisdell Pty Ltd (No. 2) [2018] NSWCATAP 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No. 47027 v Peter Clisdell Pty Ltd (No. 2) [2018] NSWCATAP 46 Hearing dates: On the papers Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G K Burton SC, Senior Member Decision: (1) Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013, a hearing is dispensed with.

(2) The application by the respondent that Ms McGinn pay the costs of the respondent is dismissed. Catchwords: Costs - special circumstances, proceedings dismissed as incompetent, cost claimed where no legal representation at hearing, exercise of discretion where substantive issues raised on appeal not resolved. Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 (NSW) Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd (No 3) [2015] NSWCATAP Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Carre v Owners Corporation - SP 53020 [2003] NSWSC 397 Owners Corporation SP 47027 v Peter Clisdell Pty Ltd [2017] NSWCATAP 188 Foss v Harbottle [1843] to Hare 461; EngR 478 Kondos & Anor v Citadin Pty Ltd [2003] NSWADTAP 7 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Costs Parties: The Owners - Strata Plan No 47027 (Appellant) Peter Clisdell Pty Ltd (Respondent) Representation: Sophia McGinn (Appellant) Polczynski Lawyers (Respondent) File Number(s): AP 17/16314 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Before: G Meadows, Senior Member File Number(s): SC 17/13846; SC 17/13849