The Owners – Strata Plan No. 55236 v Community Association DP No. 270003 (No. 2) [2018] NSWCATCD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 55236 v Community Association DP No. 270003 (No. 2) [2018] NSWCATCD 37 Hearing dates: On the papers Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, in respect of the Community Association's application for its costs of the proceedings constituted by File Nos. SCS 17/25651 and SCS 17/28383, the Tribunal dispenses with a hearing requiring the parties to be present and proceeds to determine the costs application on the basis of the papers lodged with the Tribunal by the parties in accordance with orders 3, 4 and 5 of the Tribunal made on 8 May 2018.

(2) No order as to costs, with the intent that each party is to bear their own costs of both proceedings. Catchwords: COSTS – no power to award costs in Adjudication proceedings – no special circumstances – no discretionary reason to award costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Community Land Management Act 1989 (NSW) Cases Cited: Agdiran v Owners Corporation SP 83475 (no. 2) [2016] NSWCATAP 119 Attorney-General v Wentworth (1988) 14 NSWLR 481 Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No. 2) [2016] NSWCATAP 224 Citadin Pty Ltd (No. 2) v Eddie Azzi Australia Pty Ltd & General Pants Co Pty Ltd [2001] NSWADTAP 31 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Lyons Road Pty Ltd v The Owners – Strata Plan 38722 (No. 2) (RLD) [2008] NSWADTAP 47 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Obeita v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Owners Corporation SP 80412 v Vickery [2018] NSWCATAP 29 Ruddock v Vardalis (No 2) (2001)115 FCR 229 Category: Costs Parties: The Owners – Strata Plan No. 55236 (applicant in SCS 17/23651; respondent in SCS 17/28383) Community Association DP No. 270003 (applicant in SCS 17/28383; respondent in SCS 17/26651) Representation: Counsel: D Weinberger (The Owners – Strata Plan No. 55236) C Bolger (Community Association DP No. 270003)