The Owners - Strata Plan No 70871 v Turek (No 2) [2020] NSWCATAP 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 70871 v Turek (No 2) [2020] NSWCATAP 89 Hearing dates: On the papers Date of orders: 19 May 2020 Decision date: 19 May 2020 Jurisdiction: Appeal Panel Before: F Marks, Principal Member M Gracie, Senior Member Decision: Order that the appellant pay the costs of the respondents in an amount assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014) in default of agreement. Catchwords: Appeal proceedings – costs-grounds of appeal inadequately expressed - no merit in the appeal - held defects in Notice of Appeal, lack of merit in certain appeal arguments together with disingenuous conduct of appellant's solicitor constituted special circumstances-costs order made. Legislation Cited: Civil and Administrative Tribunal Act Strata Schemes Management Act Cases Cited: The Owners – Strata Plan number 70871 v Turek [2020] NSWCATAP 28 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 The Owners - Strata Plan No 70871 v Turek [2020] NSWCATAP 29 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69 Texts Cited: None cited Category: Costs Parties: The Owners – Strata Plan No 70871 (Appellant) Michael Turek (First Respondent) Louise Turek (Second Respondent) Representation: Counsel: J Bannerman Solicitor (Appellant) R Notley (Respondents)