Cahn v The Owners – Strata Plan 586 (No 2) [2018] NSWCATAP 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cahn v The Owners – Strata Plan 586 (No 2) [2018] NSWCATAP 273 Hearing dates: On the papers Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Seiden SC, Principal Member Decision: (1) A hearing of the costs application is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013. (2) The application for costs is dismissed. Catchwords: COSTS – strata dispute – s 60 of the Civil and Administrative Tribunal Act, 2013 – absence of special circumstances Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Cases Cited: Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Costs Parties: Tracy Cahn (Appellant) The Owners – Strata Plan 586 (Respondent) Representation: Solicitors: Appellant, In Person Jane Crittenden Lawyer (Respondent) File Number(s): AP 18/49092 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 19 October 2017 Before: A Bell SC, Senior Member File Number(s): SC 17/30766

reasons for decision

Introduction 1. On 9 October 2018 we dismissed the appellant's appeal against an order made by the Tribunal on 19 October 2017 which required the appellant to remove her dog Lola from the property constituted as Strata Plan 586. 2. In doing so, we made directions to allow any party to make a costs application. 3. By letter dated 15 October 2018 the respondent applied for costs and provided submissions in support of that application. 4. The Appeal Panel made directions for the filing and service of submissions in reply. The respondent's submissions were due by 30 October 2018. Following a request by the respondent for an extension of time, the Appeal Panel made an order extending the time for the appellant to provide submissions until 5 November 2018. 5. Submissions were received from the appellant on 19 November 2018. They were not provided in the time allowed. However, we have read the submissions which concern, amongst other matters, the current training of Lola, the issue of whether resolutions appointing lawyers had been properly passed and whether the appellant was entitled to the invoices provided from the lawyer acting for the respondent in the proceedings. They do not assist in dealing with the issue of the application for costs made by the respondent Owners Corporation in these proceedings, which, in the first place, concerns whether special circumstances exist so as to warrant the making of a costs order. 6. In making directions in respect of submissions, the Appeal Panel also required the parties to provide submissions concerning whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013 (NSW) (NCAT Act) dispensing with a hearing of the costs application. 7. No submissions were received by either party on the question of dispensing with a hearing of the application for costs. However, we have formed the view that such a hearing is unnecessary and that the application can be dealt with "on the papers".