The Owners – Strata Plan No. 80412 v Vickery (No 2) [2019] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 80412 v Vickery (No 2) [2019] NSWCATAP 97 Hearing dates: On the papers Date of orders: 23 April 2019 Decision date: 23 April 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member K Rosser, Principal Member Decision: 1 By consent, a hearing of the costs application is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.

2 The appellant is to pay the respondent's costs of the application for leave to appeal as agreed or assessed on an ordinary basis.

3 Save as provided above, the application for costs is dismissed. Catchwords: COSTS – rr 38 and 38A Civil and Administrative Tribunal Rules 2014 – discretion – party unsuccessful on application for leave to appeal – usual order – successful party entitled to costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWSCATAP 256 The Owners – Strata Plan No. 80412 v Vickery [2019] NSWCATAP 71 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Costs Parties: Appellant: The Owners – Strata Plan No. 80412 Respondent: Graham John v Vickery Representation: Appellant: DD Feller SC (Counsel) Respondent: D Jenkins (Counsel)