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. Decision 1. Because of the ambiguity inadvertently created by the fact that we permitted the appellant to make an application for costs of the appeal but did not have any regard to the order made on 19 February 2019, we are of the opinion that it is appropriate to expressly deal with the question of costs. Given the above terms of the leave granted on 19 February 2019 and given the fact that there has been no application for costs lodged by the appellant, the appropriate way of resolving the ambiguity is to formally refuse to make an order for costs of the appeal. 2. Accordingly, we make the below order. Orders 1. The Appeal Panel makes the following orders: 1. An application for a costs order in the appeal is refused. ********** I hereby certify that this is a true and accurate record of the reasons for decision of the New South Wales Civil and Administrative Tribunal. Registrar 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: 19 June 2019