The Owners - Strata Plan No 6097 v Placanica [2019] NSWCATAP 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 6097 v Placanica [2019] NSWCATAP 200 Hearing dates: On the papers Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President A Boxall, Senior Member Decision: (1) With respect to the application of the lot owners that their costs of the appeal by paid by the Owners Corporation, a hearing is dispensed with; and

(2) The Owners Corporation (the Appellant) shall pay the lot owners' (the Respondents) costs of the appeal on the ordinary basis as agreed or as assessed. Catchwords: Costs on appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 Cases Cited: Berrigan Shire Council v Ballerini & Anor (No 2) - [2006] VSCA 65 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Wrigley v Owners Corporation SP 53413 [2017] NSWCATAP 100 Texts Cited: Nil Category: Costs Parties: The Owners - Strata Plan No 6097 (Appellant) Francesco Placanica and Maria Placanica (Respondents) Representation: Counsel: D Knoll AM (Appellant) A Byrne (Respondents)

Solicitors: Grace Lawyers (Appellant) Adelsteins (Respondents) File Number(s): AP 18/41373 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 28 August 2018 Before: D Robertson, Senior Member File Number(s): SC 17/50263