Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 (No 2) [2019] NSWCATAP 90 Hearing dates: 6 December 2018 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member A Boxall, Senior Member Decision: Application AP 18/52754 is dismissed. Catchwords: Further order pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 [2019] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: Feedback Deli Pty Ltd (First Appellant) Feedback Holdings Pty Ltd (Second Appellant) M Lipschitz (Third Appellant) The Owners – Strata Plan No 36613 (Respondent) Representation: Counsel: C Birch (Appellants) M Bradford (Respondent) Solicitors: Le Page Solicitors (Appellants) Madison Marcus (Respondent) File Number(s): AP 18/40169; AP 18/52754 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 August 2018 Before: J Smith, Senior Member File Number(s): SC 17/48241 REASONS FOR DECISION 1. On 2 January 2019 we published reasons for decision in this matter: Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 [2019] NSWCATAP 6 (the substantive decision). 2. Subsequently amendments were made pursuant to s 63 of the Civil and Administrative Tribunal Act 2012 (NSW) (the Act). 3. In the substantive decision we considered an appeal (AP 18/40169) and a cross appeal (AP 18/52754). 4. In relation to the cross appeal, we indicated at par [61], that given we had allowed the appeal: * the costs order in the Tribunal proceedings should be set aside; * it was unnecessary to determine the cross-appeal; and that * the Tribunal on remitter should determine those costs as part of the remitted proceedings. 1. In the circumstances, and for completeness, we should have dismissed the cross appeal. 2. Pursuant to s 63 of the Act, we do so now. Order 1. Application AP 18/52754 is dismissed. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 17 April 2019