The Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22 Hearing dates: 12 October 2018 (close of submissions 29 October 2018) Date of orders: 05 March 2019 Decision date: 05 March 2019 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Principal Member Decision: (1) The application to dismiss the proceedings under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 is refused.

(2) The application is amended under s 53(1) of the Civil and Administrative Tribunal Act 2013 to an amount exceeding $500,000.

(3) The proceedings are transferred to the Supreme Court of New South Wales pursuant to cl 6(1) of Schedule 4 of the Civil and Administrative Tribunal Act 2013 and are to continue in that Court as if they had been instituted there.

(4) Subject to order 5, the Second Respondent is to pay the Applicant's costs of the dismissal application and the transfer application, on the ordinary basis, as agreed or assessed.

(5) Otherwise, the Applicant is to pay both parties' costs arising from the transfer of the proceedings, on the ordinary basis, as agreed or assessed.

(6) Orders 4 and 5 are suspended and the following orders take effect if any party seeks costs orders different to orders 4 and 5 (an alternative costs order).

(7) The party seeking an alternative costs order (the costs applicant) is to file and serve its costs application and a brief submission in support of the application within 14 days of the publication of these orders.