Guo v The Owners Strata Plan No 70067

REASONS FOR DECISION

On 2 November 2018 the Appeal Panel made orders in these proceedings: In AP 18/25774 1. To the extent necessary leave to appeal is refused. 2. Appeal dismissed. In AP 18/34399 3. Leave to Appeal refused 4. Appeal dismissed 5. Application for Stay refused In both Appeals 6 Any application for costs of the appeal along with submissions and documentation to be filed in the Tribunal and served on or before 14 days from the date of this decision. 7. Any reply to the costs application including submissions and documentation to be filed in the Tribunal and served on or before 14 days thereafter. The submissions are to address whether the decision on costs may be made on the papers.
On 9 November 2018 the Respondent filed an Application for Costs dated 7 November 2018 and Submissions in support seeking orders: 1. The Appellant pay the Respondents costs of proceedings numbered AP 18/25774 on the ordinary basis as agreed or assessed. 2. The Appellant pay the Respondents costs of proceedings numbered AP 18/34399 on the ordinary basis as agreed or assessed.
On 5 December 2018 the Appellant filed submissions in support of contentions that there are no special circumstances which warrant a costs award and that the application for costs should be dismissed. The terms of the Appellant's submissions seem to recognise that the Appeal Panel may make an order for costs if special circumstances are found to apply.
The Appeal Panel notes that neither party opposed the decision on costs being made on the papers.

I hereby certify that this is a true and accurate record of the reasons for decision of the New South Wales Civil and Administrative Tribunal. Registrar I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 19 December 2018

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Judgment (4 paragraphs)

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Cases Cited (4)