The Owners – Strata Plan No 55773 v Roden (Costs) [2020] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 55773 v Roden (Costs) [2020] NSWCATAP 197 Hearing dates: On the papers Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President M Harrowell, Deputy President L Wilson, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing of the costs application is dispensed with. (2) In respect of the application SC 18/37522, the applicant, Mr Roden, is to pay the costs of the respondent, The Owners – Strata Plan No 55773, such costs to be agreed or assessed on an ordinary basis. (3) In respect of this appeal, the respondent is to pay the costs of the appellant in respect of the appeal such costs to be agreed or assessed on an ordinary basis. (4) The costs of the appeal payable pursuant to order 3 are to exclude costs of the Owners Corporation in connection with the application by Mr and Mrs Cranney to be joined as parties to the appeal. Catchwords: COSTS – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – special circumstances – complexity of proceedings – issue not previously decided by Appeal Panel – overruling of previous first instance decision – costs of non-party application to be joined in appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 1996 (NSW) (Repealed) Strata Schemes Management Act 2015 (NSW) Cases Cited: 2 Elizabeth Bay Road Pty Limited v The Owners – Strata Plan No 73943 [2014] NSWCA 409; (2014) NSWLR 488 Bonita v Shen [2016] NSWCATAP 159 Cripps v G & M Dawson [2006] NSWCA 81 Easton Construction Co Limited v National Trust Co Limited [1914] AC 197 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Roden v The Owners – Strata Plan 55773 [2019] NSWCATCD 61 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 The Owners – Strata Plan No 55773 v Roden; Spiers v The Owners – Strata Plan 77953 [2020] NSWCATAP 95 Wright v Commissioner of Police (Costs) [2015] NSWCATAP 69 Texts Cited: Cost Shifting Who Pays for Litigation [1995] ALRC 75 Category: Costs Parties: The Owners – Strata Plan No 55773 (Appellant) Robert Roden (Respondent) Representation: Counsel: R Gration (Appellant)