Rodny v Stricke [2020] NSWCATAP 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rodny v Stricke [2020] NSWCATAP 20 Hearing dates: 12 November 2019 Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member J McAteer, Senior Member Decision: (1) Leave to appeal is granted. (2) Pursuant to s 80(3) of the Civil and Administrative Act 2013 (NSW) the appeal is to be dealt with by way of a new hearing. (3) The order made on 2 August 2019 in application SC 17/45456 is confirmed and the appeal is dismissed. (4) Any application in respect of the costs of the appeal is to be made by written submissions filed and served within 14 days of the date of publication of this decision. Such submissions should address the question whether the application for costs can be dealt with on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act. (5) If either party files submissions in accordance with order 4 above the other party may file and serve submissions in response within a further 14 days. Such submissions should address the question whether the application for costs can be dealt with on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act. Catchwords: COSTS – Civil and Administrative Tribunal Act 2013 s 60 – special circumstances – delay in filing evidence – withdrawal of application shortly before hearing when application for adjournment refused – special circumstances established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Dehsabzi v The Owners Strata Plan number 83556 [2019] NSWCATAP 65 Grimshaw v Dunbar [1953] 1 QB 408 House v The King (1936) 55 CLR 499 Megerditchian v Kurmond Homes Pty Ltd (2014) NSWCATAP 120 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Rodny v Stricke [2018] NSWCATAP 136 Rodny v Stricke (No 2) [2018] NSWCATAP 188 Rodny & Communications Power Inc (Aust) Pty Ltd v Stricke & Ors [2019] NSWCATAP 150 Taylor v Taylor (1979) 143 CLR 1 Texts Cited: None cited Category: Principal judgment Parties: Laurence Rodny and Communications Power Incorporated (Aust) Pty Ltd (Appellants) Angela Stricke, Helen Meddings, Natalie Stoianoff, David Kallaway, Vlad Sofreski and The Owners - Strata Plan No 56911 (Respondents) Representation: Counsel: C Birch SC (Appellants) J Knackstredt (Respondents)