The Owners Strata Plan No. 2000 v Bylinska [2019] NSWCATAP 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No. 2000 v Bylinska [2019] NSWCATAP 151 Hearing dates: On the papers Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President J Currie, Senior Member Decision: (1) An application for a costs order in the appeal is refused Catchwords: Costs Legislation Cited: Nil Cases Cited: Nil Category: Costs Parties: The Owners Strata Plan No. 2000 (Appellant) Elizabeth Bylinska (Respondent) Representation: E Russell, Chambers Russell (Appellant) E Bylinska (Respondent self-represented) File Number(s): AP 19/05878 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 21 August 2018 Before: G Towney, General Member File Number(s): SC 18/27660

REASONS FOR DECISION

Background 1. In this appeal, we published a decision on 6 May 2019. The result was that the appeal was upheld and the application of the respondent was remitted to the Consumer and Commercial Division of the Tribunal for a rehearing. We also made directions for the appellant to make an application for costs. 2. However, we overlooked the fact that at a directions hearing held 19 February 2019 the appellant was given leave to be legally represented on the appeal on the condition that the appellant not recover legal costs. In our decision published 6 May 2019, we did not refer to that order or the condition upon which the grant of legal representation had been made. 3. In any event, the appellant has not made an application for legal costs and the time given in our directions for the appellant to do so has expired some weeks ago.