The Owners – Strata Plan 20211 v Rosenthal; Rosenthal v The Owners – Strata Plan SP 20211 [2019] NSWCATAP 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan 20211 v Rosenthal; Rosenthal v The Owners – Strata Plan SP 20211 [2019] NSWCATAP 49 Hearing dates: On the papers Date of orders: 06 March 2019 Decision date: 06 March 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member R Perrignon, Senior Member Decision: (1) A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) Appeal AP 17/41893: No order as to costs and each party is to pay its own costs. (3) Appeal AP 18/00172: No order as to costs and each party is to pay its own costs. Catchwords: COSTS - whether special circumstances warranting an order for costs – whether refusal of offer of settlement constitutes special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Kadsielski v Guca 1 Pty Ltd [2018] NSWCATAP 223 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Mrjana v Imagine Education Australia Pty Ltd [2016] NSWCATAP 232 The Owners – Strata Plan SP20211 v Rosenthal; Rosenthal v The Owners – Strata Plan SP20211 [2018] NSWCATAP 243 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan 20211 (Appellant in AP 17/41893, Respondent in AP 18/0172) Thomas and Joanne Rosenthal (Respondents in AP 17/41893, Appellants in AP 18/0172) Representation: Counsel: J Young (Appellant in AP 17/41893, Respondent in AP 18/0172 ) M Galvin (Respondents in AP 17/41893, Appellants in AP 18/0172)