The Owners – Strata Plan No 14172 v Cai [2020] NSWCATAP 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 14172 v Cai [2020] NSWCATAP 10 Hearing dates: 29 October 2019 Date of orders: 21 January 2020 Decision date: 21 January 2020 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J McAteer, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) If a party seeks an order for costs of the appeal, that party may file written submissions within 14 days of publication of these reasons seeking an order in relation to the costs of the appeal. (4) If a party files submissions in accordance with order 3, any other party may file submissions in response within a further 14 days. (5) Any submissions filed in accordance with orders 3 and 4 should address whether the question of costs may be determined on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL – costs – transfer of proceedings to Local Court – whether Tribunal erred in exercise of costs discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Collins v Urban [2014] NSWCATAP 17 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 House v The King (1936) 55 CLR 499 Owners Corporation Strata Plan 14172 v Cai [2019] NSWCATCD 56 The Trust Company Ltd v Diamond Certification Laboratory of Australia Pty Ltd [2016] NSWCATAP 63 Wrigley v Holland [2002] NSWCA 109 Texts Cited: None cited Category: Principal judgment Parties: The Owners – Strata Plan No 14172 (Appellant) Alex Cai (First Respondent) Noam Banisti (Second Respondent) Representation: Counsel: P Newton (Appellant)