Elwers v The Owners – Strata Plan No. 83379 [2019] NSWCATAP 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elwers v The Owners – Strata Plan No. 83379 [2019] NSWCATAP 286 Hearing dates: 5 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Appeal Panel Before: R Hamilton SC, Senior Member D Goldstein, Senior Member Decision: (1) Leave to Appeal is refused. (2) The Appeal is dismissed. (3) David William Elwers must pay The Owners – Strata Plan No. 83379's costs of the Appeal in the sum of $3,130.05. Catchwords: APPEALS – Application for leave to appeal – No question of principle – Costs – Existence of special circumstances – Gross sum costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law Application Act 2014 Strata Schemes Management Act 2015 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: None cited Category: Principal judgment Parties: Appellant: David William Elwers Respondent: The Owners – Strata Plan No. 83379 Representation: Solicitors: Appellant (Self Represented) Jane Crittenden Lawyers (Respondent) File Number(s): AP 19/39917 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal New South Wales Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 6 August 2019 Before: G. Meadows. Senior Member File Number(s): SC 18/47919