Gleeson v The Owners – Strata Plan No 48226 (No 2) [2018] NSWCATAP 268

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gleeson v The Owners – Strata Plan No 48226 (No 2) [2018] NSWCATAP 268 Hearing dates: On the papers Date of orders: 14 November 2018 Decision date: 14 November 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member G Sarginson, Senior Member Decision: (1) A hearing on the issue of costs is dispensed with. (2) The appellants' application for costs is dismissed. Catchwords: COSTS – relevant costs rule on appeal where applicants claimed that respondent had unreasonably refused to repeal by-laws – r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) does not apply – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) does apply Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Gleeson v The Owners – Strata Plan No 48226 [2018] NSWCATAP 204 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: Nil Category: Costs Parties: Paul Gleeson (First Appellant) Michael Trovato (Second Appellant) Ranjit Kaur (Third Appellant) K Singh (Fourth Appellant) Wing Sze Yeung (Fifth Appellant) Stephanie Messina (Sixth Appellant) Lisa Sutton (Seventh Appellant) Katraina See-Kay Lui (Eighth Appellant) Leonard Pinto Messias (Ninth Appellant)