The Owners – Strata Plan No 58068 v Cooper (Costs) [2020] NSWCATAP 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 58068 v Cooper (Costs) [2020] NSWCATAP 198 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 Decision: (1) By consent, an order is made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of the application for costs. (2) In each of the applications SC19/24722 and SC19/18982, the Coopers are to pay 70% of the costs of The Owners Strata Plan No 58068, such costs to be as agreed or assessed on an ordinary basis. (3) In respect of this appeal, the respondents are to pay the costs of the appellant, such costs to be as agreed or assessed on an ordinary basis. Catchwords: COSTS – s 60 of the Civil and Administrative Tribunal Act 2013 – special circumstances – statutory construction – complexity of proceedings – issue not previously decided by Appeal Panel – overruling of previous first instance decisions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Roden v The Owners-Strata Plan No 55773 [2019] NSWCATCD 61 The Owners – Strata Plan No 55773 v Roden; Spiers v The Owners – Strata 77953 [2020] NSWCATAP 95 The Owners – Strata Plan No 58068 v Cooper [2020] NSWCATAP 96 Yardy v Owners Corporation SP 57237 [2018] NSWCATCD 19 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan No 58068 (Appellant) Johanna Anwar Cooper and Leo Bernard Cooper (Respondents) Representation: Counsel: G A Sirtes SC with L M Johnston (Appellant) V F Kerr SC (Respondents)