Rodny v Stricke (No. 2) [2018] NSWCATAP 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rodny v Stricke (No. 2) [2018] NSWCATAP 188 Hearing dates: On the papers Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Seiden SC, Principal Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), hearings are dispensed with in relation to each party's cost application and in respect of the appellants' application made by the letter to the Tribunal from Le Page Lawyers letter dated 6 June 2018.

(2) The application that the Tribunal proceed to reopen its decision made 31 May 2018 is dismissed.

(3) The appellants are to pay the costs of the respondents, as agreed or assessed on an ordinary basis, in respect of the application contained in the letter to the Tribunal from Le Page Lawyers dated 6 June 2018.

(4) Save as provided in order 3, all applications for costs are dismissed. Catchwords: ADMINISTRATIVE LAW – functus officio – power to remake decision.

COSTS – special circumstances – partial success – costs order based on issues Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Atkinson v Crowley [2011] NSWCA 194 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Christiansen v Social Security Appeals Tribunal [2010] FCA 1146 Elite Protective Personnel Pty Ltd & Anor v Salmon (No 2) [2007] NSWCA 373 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Michael v Secretary, Department of Employment, Science and Training [2006] AATA 227 Minister for Immigration and Multicultural Affairs v Bhardwaj 209 CLR 597; [2002] HCA 11 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Rodny v Stricke [2018] NSWCATAP 136 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 Texts Cited: Nil Category: Costs Parties: First Appellant: Laurence Rodny Second Appellant: Communications Power Incorporated (Aust) Pty Ltd First Respondent: Angela Stricke Second Respondent: Helen Meddings Third Respondent: Natalie Stoianoff Fourth Respondent: David Kallaway Fifth Respondent: Vlad Sofreski Sixth Respondent: The Owners - Strata Plan No 56911 Representation: Solicitors: Appellants: Le Page Lawyers Respondents: Clyde & Co File Number(s): AP 18/08508 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 29 January 2018 Before: D Charles, Senior Member File Number(s): SC 17/45456