The Owners – Strata Plan No 80412 v Vickery (Costs) [2020] NSWCATAP 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 80412 v Vickery (Costs) [2020] NSWCATAP 48 Hearing dates: On papers Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Appeal Panel Before: Armstrong J, (President) Hennessy ADCJ, (Deputy President) T Simon, (Principal Member) Decision: (1) Mr Vickery is to pay The Owners – Strata Plan No 80412 $97,000 immediately. (2) Mr Vickery is to pay The Owners – Strata Plan No 80412's costs of these proceedings as agreed, or if not agreed, as assessed. (3) The Tribunal's order made on 18 October 2019 that The Owners – Strata Plan No 80412 pay Mr Vickery's costs of the proceedings as agreed or assessed, is set aside. In substitution for that order, the following order is made: Mr Vickery is to pay the Owners Strata Plan No 80412's costs as agreed or if not agreed, as assessed. Catchwords: COSTS – costs on appeal – whether costs should be ordered in favour of successful party – whether public interest litigation – significance of any change in the law COSTS – costs at first instance – whether first instance costs order should be reversed following a successful appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Suitors Fund Act 1951 (NSW) Cases Cited: Attrill v Richmond River Shire Council (1995) 38 NSWLR 545 Luther v James Sagor & Co [1921] 3 KB 532 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Shih v The Owners – Strata Plan No 87879 [2019] NSWCATAP 263 The Owners – Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 The Owners – Strata Plan No 80412 v Vickery (No 2) [2019] NSWCATAP 97 ­The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Texts Cited: None cited Category: Costs Parties: The Owners – Strata Plan No 80412 (Appellant) Graham Vickery (Respondent) Representation: Counsel: