Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Hearing dates: Determined on the papers Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Fairlie, Senior Member Decision: (1) The appeal is allowed.

(2) The order made by the Tribunal on 20 February 2018 (as amended on 26 March 2018) in proceedings SC 17/03762 is set aside.

(3) In substitution for that order the following order is made:

"The parties are to pay their own costs of proceedings SC 17/03762."

(4) In the event that either party seeks costs of the appeal, the following directions apply:

(a) The applicant for costs (costs applicant) must file and serve any application within 7 days from the date of these orders.

(b) The respondent to the costs application must file and serve evidence and submissions in reply 14 days from the date of these orders.

(c) The costs applicant must file and serve any submissions in response within 21 days from the date of these orders.

(d) Submissions must address whether an order should be made dispensing with a hearing under s 50(2) of the Civil and Administrative Tribunal Act, 2013. Catchwords: APPEAL – Costs – Gross sum costs orders Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 1996 Strata Schemes Management Act 2015 Cases Cited: Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 Bonita v Shen [2016] NSWCATAP 159 Colgate Palmolive Company v Cussons Pty Ltd [1993] FCA 801 Collins v Urban [2014] NSWCATAP 17 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railway (NSW) 1964 112 CLR 125 Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 House v The King [1936] HCA 40; 55 CLR 499 Idoport Pty Limited v Donald Robert Argus [2007] NSWSC 23 Jones v Bradley (No. 2) [2003] NSWCA 258 Latoudis v Casey [1990] 170 CLR 534 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Oshlak v Richmond River Council [1998] HCA 11 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Owners Corporation of Strata Plan 4521 v Zouk & Anor [2007] NSWCA 23I Texts Cited: Nil Category: Principal judgment Parties: Ronald Allen Zucker (Appellant) Burbank Montague Pty Ltd (First Respondent) Gornoa Pty Ltd (Second Respondent) Representation: Strata Specialist Lawyers (Appellant) Strata Title Lawyers (Respondent) File Number(s): AP 18/13549 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 20 February 2018 Before: L Wilson, Senior Member File Number(s): SC 17/03762