Dehsabzi v The Owners – Strata Plan No. 83556 [2019] NSWCATAP 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dehsabzi v The Owners – Strata Plan No. 83556 [2019] NSWCATAP 65 Hearing dates: 20 March 2019 Date of orders: 25 March 2019 Decision date: 25 March 2019 Jurisdiction: Appeal Panel Before: T Simon, Principal Member D Goldstein, Senior Member Decision: (1) A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.

(2) The application by The Owners - Strata Plan No. 83556 for an order that Pamir Gulyar Dehsabzi pay its costs of the appeal is dismissed.

(3) Each party is to pay his and its own costs of the appeal. Catchwords: COSTS - appeal withdrawn - whether special circumstances exist for an award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 (NSW) Civil and Administrative Tribunal Rules Cases Cited: Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 68 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia Ex Parte Lai Qin Durran t/a Canberra Sheds and Outdoor Storage v Bliss [2018] NSWCATAP 43 Pines Resort Management Pty Ltd t/as Gateway Lifestyle the Pines v Marsh [2019] NSWCATAP 12 Guo v Tejani [2019] NSWCATAP 50 Texts Cited: None cited Category: Costs Parties: Pamir Gulyar Dehsabzi (Appellant) The Owners – Strata Plan No. 83556 (Respondent) Representation: Solicitors: G Pickering (Appellant) K Kanjian (Respondent) File Number(s): AP 18/53659 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 3 December 2018 Before: D Robertson, Senior Member File Number(s): SC 18/23902