The Owners Strata Plan No 14172 v Cai (No 2) [2020] NSWCATAP 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No 14172 v Cai (No 2) [2020] NSWCATAP 46 Hearing dates: On the papers Date of orders: 16 March 2020 Decision date: 16 March 2020 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J McAteer, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs of the appeal is dispensed with. (2) The appellant is to pay the respondents' costs of the appeal as agreed or assessed. Catchwords: COSTS – transfer of proceedings to Local Court - appeal against order for costs – appeal dismissed – costs of appeal – whether costs should be ordered in fixed amount Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2005 Cases Cited: Anderson v The Owners - Strata Plan No. 61034 (No 2) [2019] NSWCATAP 108 Latoudis v Casey (1990) 170 CLR 534 Oshlak v Richmond River Council [1998] HCA 11 Owners Corporation SP 79417 v Trajcevski (No.2) [2017] NSWCATAP 173 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 The Owners Strata Plan No 14172 v Cai [2020] NSWCATAP 10 Thomson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Costs Parties: The Owners Strata Plan No 14172 (Appellant) Alex Cai (First Respondent) Noam Banisti (Second Respondent) Representation: Solicitors: