Strata 778 Pty Ltd v Enright [2019] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Strata 778 Pty Ltd v Enright [2019] NSWCATAP 106 Hearing dates: 1 April 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Appeal Panel Before: T. Simon. Principal Member G Sarginson. Senior Member Decision: (1) Leave to amend the appeal is allowed (2) The appeal is allowed (3) Order 3 made by the Tribunal in matters COM 17/25689 and COM 17/16207 on 29 November 2018 is set aside and the matter is remitted for reconsideration by the Tribunal as it was originally constituted, to determine the issue of costs, interest and the disbursement of the bond in accordance with these reasons.

Directions for Costs; Payment of Bond; and Interest in the Tribunal

(4) The lessor is to provide to the Tribunal and the lessee, either in person or by post, submissions and documents in relation to the application for costs; payment of the bond; and interest by 10 May 2019. (5) The lessee is to provide to the Tribunal and the lessor, either in person or by post, submissions and documents in relation to the application for costs; payment of the bond; and interest by 24 May 2019. (6) The lessor is to provide to the Tribunal and the lessee, either in person or by post, submissions and documents in relation to the application for costs; payment of the bond; and interest in reply by 7 June 2019. (7) Parties are to address, in their submissions, whether the hearing on costs; payment of the bond; and interest can be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) and the matter be heard on the papers. If either party seeks to be heard in person, they should advise the Registry prior to 7 June 2019, setting out the reasons why and the Registry would advise of the outcome in due course.