Frampton v The Owners – Strata Plan No 35012 [2019] NSWCATAP 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frampton v The Owners – Strata Plan No 35012 [2019] NSWCATAP 265 Hearing dates: 1 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Appeal Panel Before: G.K. Burton SC. Senior Member D. Goldstein. Senior Member Decision: 1. Leave to Appeal is refused.

2. The Appeal is dismissed.

3. Alexandra Frampton and Peter Frampton must pay The Owners – Strata Plan No 35012 costs of the Appeal, such costs if not agreed to be assessed on the basis set out in the legal costs legislation as defined in Legal Profession Uniform Law Application Act 2014 (NSW) s 3A. Catchwords: COSTS – Existence of special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law Application Act 2014 (NSW) Strata Schemes Management Act 2015 Cases Cited: Associated Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Burns v Corbett [2018] HCA 15 Collins v Urban [2014] NSWCATAP 17. Ellis v The Owners – Strata Plan 80605 [2018] NSWCATAP 174 Frampton v The Owners – Strata Plan No 35012; The Owners – Strata Plan No 35012 v Frampton [2019] NSWCATCD 15 Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2016] NSWCATAP 210 at [55] John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Marrickville Metro Shopping Centre Pty Limited v Marrickville Council [2010] NSWCA 145 Rigoni v Tao [2018] NSWCATAP Category: Costs Parties: Alexandra Frampton and Peter Frampton (Applicants) The Owners – Strata Plan No 35012 (Respondent) Representation: Counsel: Mr R. Notley (Respondent)