Robinson v The Owners-Strata Plan 61717 [2018] NSWCATCD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robinson v The Owners-Strata Plan 61717 [2018] NSWCATCD 49 Hearing dates: 31 May 2018, Submissions closed 15 June 2018 Date of orders: 20 August 2018 Decision date: 20 August 2018 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: (1) The application is dismissed.

Costs

(2) Any application for costs by the respondent is to be supported by evidence and submissions of no more than 4 pages in length and is to be filed with the Tribunal and served on the applicant on or before 6 September 2018.

(3) Any evidence and submissions in response to the application for costs from the applicant opposing the application for costs, of no more than 4 pages in length, is to be filed with the Tribunal and served on the respondent on or before 27 September 2018.

(4) If there is no application made for costs by 6 September 2018 there will be no order as to costs.

(5) The parties are to advise the Tribunal in their respective submissions as to costs if they consent to the issue of costs being determined on the papers without a hearing.

(6) Alternatively the parties are to make submissions as to why such an order should not be made pursuant to section 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: LAND LAW — Strata title — Common property — Maintenance and repair of common property Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Australian Provincial Assurance Co Ltd v Coroneo (1838) 38 SR (NSW) 701 Reid v Smith (1905) 3 CLR 656 Category: Principal judgment Parties: Applicant: Noel Robinson Respondent: The Owners-Strata Plan 61717 Representation: Applicant: Self represented litigant in person