Decisions table

• Michael David Horan lot owner
• The Owners-Strata Plan No 68307 owners corp

The Appeal Panel dismissed the owners corporation's miscellaneous matters application seeking to appeal the Tribunal's costs order, finding it had no jurisdiction to determine an appeal from a first instance costs decision and directing the matter be returned to the Tribunal at first instance.

• The Owners-Strata Plan No 102171 owners corp
• Ceerose Pty Ltd builder
• Zone Q Milsons Point Development Pty Ltd developer
• Southern Cross Climate Control Pty Ltd contractor

The Tribunal made costs orders determining that Ceerose Pty Ltd and Zone Q Milsons Point Development Pty Ltd jointly and severally pay The Owners-Strata Plan No 102171's costs from 15 March 2024; Ceerose Pty Ltd pay Southern Cross Climate Control Pty Ltd's costs; Zone Q Milsons Point Development Pty Ltd pay Ceerose Pty Ltd's costs; and The Owners-Strata Plan No 102171 pay all respondents' costs of the unsuccessful re-opening application.

• Michell Huo lot owner
• The Owners-Strata Plan No. 44652 owners corp

The costs application in the reinstatement proceedings was dismissed; the Appeal Panel found that although the reinstatement application was weak, special circumstances were not established sufficiently to warrant departure from the usual principle that each party bears its own costs.

• Robert Angelo Paul Russo lot owner
• The Owners - Strata Plan No 53188 owners corp

The Appeal Panel dismissed the appellant's application for an order that costs of the appeal be paid by the respondent, finding that no evidence was presented that the amount claimed or in dispute in the appeal exceeded $30,000 and no special circumstances warranting a costs award were submitted.

• Kerri Owers-Brown lot owner
• Lindsay Brown lot owner
• Robert Nakkan lot owner
• The Owners-Strata Plan No 92562 owners corp

Applications by lot owners to vary the costs order were dismissed; each party remains to bear its own costs.

• Barbara Karpinski lot owner
• The Owners - Strata Plan No 1731 owners corp

The respondent's costs application was dismissed and each party was ordered to pay their own costs of the appeal.

• Max Build Pty Ltd builder
• The Owners – Strata Plan No 54026 owners corp
• TOP Consulting Group (NSW) Pty Ltd consultant

The Owners Corporation's motion for further particulars and document discovery was largely dismissed; limited further particulars were ordered from Max Build on specific issues, and the Owners Corporation was ordered to pay TOP's costs of the motion forthwith.

• Owners Corporation PS536794T owners corp
• Hannah-Genevieve Novak lot owner
• Vasiliki Maragkou lot owner

A lot owner application for costs, after the owners corporation withdrew its common-property waterproofing claim, was dismissed.

• Cathie Galliott lot owner
• Susie Elelman lot owner
• Jai Galliott lot owner
• Michele Selwyn lot owner
• The Owners – Strata Plan No 43251 owners corp
• Joe Kalgovas party

The summons issued to Joe Kalgovas requiring his attendance at the final hearing was set aside because the applicants failed to identify any legitimate forensic purpose for calling him as a witness and did not comply with directions to specify what evidence he would give.

• Jessica Silberstein lot owner
• The Owners – Strata Plan No 55468 owners corp
• Michael Adamo party
• Michael Hans Engelbert party
• William Paul O'Brien party
• Terrance Matthew Gagen party
• Strata Choice Pty Ltd manager
• Hecker Australia Pty Ltd party

The Owners Strata Plan No 55468 must pay Jessica Silberstein's costs on the ordinary basis; Jessica Silberstein must pay the first respondent's costs regarding linear drains and tiled surfaces issues, and must pay costs to the strata manager and other respondents; Michael Adamo and Michael Hans Engelbert to bear their own costs; The Owners Strata Plan No 55468 may levy all lots except those of Jessica Silberstein to raise funds for damages and costs, with reimbursement to her for any contributions used for such purposes.

• The Owners - Strata Plan No 16460 owners corp
• Hunter Water Corporation government

The plaintiffs were granted leave to amend their statement of claim to add a claim under s 22 of the Hunter Water Act 1991 (NSW), with the plaintiffs to pay the defendant's costs occasioned by the amendment.

• The Owners - Strata Plan No 55468 owners corp
• Michael Adamo lot owner
• Jessica Silberstein lot owner
• Michael Hans Engelbert lot owner
• William Paul O'Brien lot owner
• Terrance Matthew Gagen lot owner
• Strata Choice Pty Ltd manager
• Hecker Australia Pty Ltd party

The application by Jessica Silberstein to vary the costs order made on 8 May 2025 was dismissed, and she was ordered to pay The Owners - Strata Plan No 55468's costs of the application.

• Max Build Pty Ltd builder
• The Owners – Strata Plan No 54026 owners corp
• TOP Consulting Group (NSW) Pty Ltd consultant

The court ruled that the defect inspection reports are admissible as business records under s 69 of the Evidence Act, with certain portions limited to use only as evidence that statements were made, not as to their truth, and ordered the defendant to pay the plaintiff's costs of the motion.

• Sophia Avirame lot owner
• The Owners-Strata Plan No 863852 owners corp
• Westside Management Pty Ltd manager

The appeal was allowed and the costs order requiring the appellant to pay the respondent's costs was set aside, with each party ordered to bear their own costs of the interim orders application.

• White House Developments Pty Ltd developer
• The Owners - Strata Plan No 70276 owners corp

The respondent's application to vary the appeal costs order was dismissed and the respondent must pay the appellant's costs; the appellant's application to reopen the appeal was dismissed and the appellant must pay the respondent's costs.

• Rao Nallamouthou lot owner
• The Owners-Strata Plan No 39988 owners corp
• Zeljko Milic party
• Kirshan Kumar Khanna party
• Shashi Bhat party
• Marina Fugazzi party

The Tribunal dismissed the owners corporation's costs application, finding that special circumstances had not been established to depart from the usual principle that each party bear its own costs.

• The Owners - Strata Plan No 95242 owners corp
• Karimbla Properties (No 42) Pty Limited developer
• Karimbla Constructions Services (NSW) Pty Ltd contractor
• Guardian Protection Services (Aust) Pty Ltd contractor
• Plumb Group Pty Limited contractor
• Saba Bros. Tiling Pty Ltd contractor

The court fixed costs thrown away at $25,000 for the first and second defendants and $3,000 each for the third, fourth and fifth defendants, or alternatively referred the question to a costs assessor on a costs-follow-the-event basis.

• The Owners - Strata Plan No 87639 owners corp
• Karimbla Properties (No4) Pty Ltd developer
• Karimbla Construction Services Pty Ltd builder
• Karimbla Construction Services Pty Ltd (NSW) builder

The defendants' motion for security for costs was dismissed, with the court finding no reason to believe the owners corporation would be unable to pay an adverse costs order and declining to order security as a matter of discretion.

• The Owners – Strata Plan No. 76907 owners corp
• Sydney Metro government

Leave was granted to the Applicant to adduce expert evidence on conditions that the Respondent's costs thrown away be paid on an indemnity basis, with no further extensions of time permitted except in exceptional circumstances.

• The Owners – Strata Plan No. 100526 owners corp
• Rolla Hamdan lot owner
• Charlie Hamdan lot owner

The application for costs of the appeal was dismissed as the appellant failed to demonstrate special circumstances warranting an award of costs under section 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

• Xiao Chun Lu lot owner
• The Owners - Strata Plan No 66347 owners corp
• Zhi Peng Zhang lot owner

The costs application by the Owners Corporation against Ms Lu was dismissed, and each party was ordered to pay their own costs of the appeal following Ms Lu's withdrawal of her appeal.

• The Owners - Strata Plan No 16624 owners corp
• The Owners - Strata Plan No 90950 owners corp
• IPM Developments Pty Ltd (in liquidation) developer
• Aleksander Novakovic party
• IDA Potts Point Pty Ltd (in liquidation) party
• Steven Sroba party
• John Cardamis party

The court ordered the plaintiffs to provide security for the second, fourth, and fifth defendants' costs in the sum of $300,000 each, payable in three tranches of $100,000, and to pay the defendants' costs of their motions.

• Kristen Nimmons lot owner
• The Owners Strata Plan No 10441 owners corp

The costs application of the respondent to vary the costs order and obtain costs of the notice of appeal was dismissed, with the panel finding insufficient special circumstances warranting an award of costs.

• The Owners-Strata Plan No. SP54026 owners corp
• Kastri Aev Pty Ltd lot owner

The appeal panel found the respondent lot owner was successful in the appeal proceedings, made no order as to costs of the appeal, and noted the effect of section 104 of the Strata Schemes Management Act 2015 (NSW) in favour of the respondent.

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd builder
• Daniel Russell consultant

The court refused to make a personal costs order against the plaintiff's solicitor Daniel Russell, finding that although steps could have been taken more expeditiously to engage with experts, the delay was not caused by serious neglect, incompetence, misconduct or improper conduct on his part.

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd contractor

Leave granted to plaintiff to rely on supplementary expert reports served late in breach of guillotine order; plaintiff ordered to pay defendant's costs on gross sum basis; solicitor directed to show cause why he should not personally meet the costs order.

• The Owners – Strata Plan No 89866 owners corp
• John Joseph Zouki lot owner
• Hardy Pty Limited developer
• Kevin Zouki lot owner
• Juliane Lahood party

Indemnity costs were refused; the Court found it was not unreasonable for Hardy Pty Limited to reject the settlement offers made on 18 April 2024 and 23 April 2024, and ordered that Hardy Pty Limited pay the Owners Corporation's costs on a party/party basis only.

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd builder

The court refused leave to the Owners Corporation to rely on supplementary expert reports served in breach of a consented guillotine order, finding the explanation for non-compliance was not adequate, comprehensive, and candid.

• The Owners-Strata Plan No 53865 owners corp
• JPG Investments Pty Ltd lot owner
• Conrad Corporation Pty Ltd lot owner

The Appeal Panel dismissed the lot owners' application for costs, finding that special circumstances had not been established under section 60(2) of the Civil and Administrative Tribunal Act 2013 and each party must bear its own costs of the appeal.

• TMCM Enterprises Pty Ltd lot owner
• Global Investment Group Holdings Pty Ltd party
• The Owners - Strata Plan No 78894 owners corp
• Strata Community Insurance Agencies Pty Ltd insurer
• KatzBergin Loss Adjusters Pty Ltd consultant

The court ordered the second plaintiff to provide security for costs in the amounts of $65,000 for the first defendant, $65,000 for the second defendant, and $90,000 for the third defendant, with proceedings stayed until security is provided.

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp

Proceedings dismissed as frivolous, vexatious and an abuse of process, with plaintiff ordered to pay defendant's costs on an indemnity basis.

• Haidi Noor lot owner
• The Owners - Strata Plan No 72939 owners corp

Both the owners corporation's application to vary the costs order and the owner's application to vary the costs order were dismissed; the Appeal Panel maintained its original no order as to costs of the appeal decision.

• Mei Lan Roberts lot owner
• The Owners - Strata Plan No 4393 owners corp

The Appeal Panel dismissed the respondent's application for costs and ordered each party to pay their own costs of the appeal, finding that rule 38 did not apply and no special circumstances warranting an award of costs existed.

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp
• Mr Cho party

The application for recusal of the judge was refused as the allegations of bias and private communications were found to be completely unfounded and lacking any logical connection between asserted facts and feared deviation from impartial decision-making.

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp

The motion to set aside orders made on 17 July 2023 was dismissed; Campbell J held that UCPR 36.15 does not permit review of orders for error in merits and that the proper avenue to challenge the earlier decision is the Court of Appeal.

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp
• Joe Cho party

Documents filed in contravention of a stay order were removed from the court file and returned to the applicant, and a notice to produce was set aside.

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp

The plaintiff was ordered not to take any further steps in the proceedings without complying with prior orders or obtaining leave, and was ordered to pay the defendant's costs on the ordinary basis due to multiple unsuccessful applications and procedural breaches.

• Raymond Ross lot owner
• Sarab Chami lot owner
• The Owners – Strata Plan No 61667 owners corp

The applicants were ordered to pay the respondent's costs of the failed application to reinstate appeal proceedings in the fixed sum of $6,245.

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp

The plaintiff's summons was struck out as irregularly commenced and blending impermissible criminal and civil allegations; the plaintiff was given 28 days to replead as a statement of claim; prayers to strike out the defendant's notice of appearance were refused; and the application for suppression of the plaintiff's identity was refused.

• Maurice Clifford Westerweller lot owner
• The Owners – Strata Plan No 18482 owners corp

The appellant was ordered to pay the respondent's costs of the appeal as special circumstances were established, being that the appeal was misconceived and untenable and the appellant conducted the appeal in a way that unnecessarily disadvantaged the respondent.

• Paul Thomas Butt lot owner
• The Owners – Strata Plan No 71715 owners corp
• John O'Donnell lot owner

Both summons issued at the applicant's request to produce documents were set aside as lacking reasonable particularity and amounting to fishing expeditions.

• Raymond Ross party
• Sarab Chami party
• The Owners – Strata Plan No 61667 owners corp

The application to extend time to lodge the application to reinstate appeal proceedings was refused, and the respondent's application for costs of the appeal was dismissed.

• The Owners – Strata Plan No. 54545 owners corp
• Nigel Hudson lot owner
• Patricia Stokes lot owner

The Appeal Panel refused leave to appeal and dismissed the appeal, upholding the Tribunal's decision that each party pay its own costs of the proceedings under section 60 of the NCAT Act.

• The Owners – Strata Plan No. 16857 owners corp
• Peter Barnett Hyman lot owner
• Janiene Hyman lot owner

The Appeal Panel ordered the appellant to pay the respondents' costs of the appeal on the ordinary basis, with costs to be levied only from contributions of lots not owned by the respondents.

• Sunaust Properties Pty Ltd contractor
• The Owners Strata Plan no 64807 owners corp

The Respondent is to pay the Appellant's costs of the appeal and first instance proceedings on the ordinary basis, and the first instance costs order made on 28 March 2022 is set aside, but indemnity costs are declined and previous interlocutory costs orders are not vacated.

• The Owners – Strata Plan No 2341 owners corp
• P & M Sachs Pty Ltd party

The respondent's application for costs of the appeal was dismissed as the Appeal Panel found there were no special circumstances warranting an award of costs against the self-represented appellant.

• Sunaust Properties Pty Ltd party
• The Owners – Strata Plan No 64807 owners corp

The Court dismissed the Owners Corporation's application to transfer proceedings from the Supreme Court to the NSW Civil and Administrative Tribunal, finding that the Court's jurisdiction should be retained due to uncertainty regarding the Tribunal's jurisdictional scope, the substantial quantum of the claim (over $750,000 in unpaid fees plus claims for loss of profits around $3 million), and the estimated hearing time of 8-10 days which exceeded the Tribunal's capacity.

• The Owners – Strata Plan No 80211 owners corp
• Control Services Pty Ltd contractor
• Geordie Killen party

The appeal was dismissed and leave to appeal was refused; the appellant failed to establish that damages claimed for rectification costs were consequential losses flowing from the respondents' breach in issuing non-compliant Annual Fire Safety Statements.

• The Owners - Strata Plan No 10717 owners corp
• Daryl Mantell and Diane-Louise Taylor lot owner

The Tribunal dismissed the lot owner's application for costs, finding no special circumstances warranted a costs order despite the owners corporation's withdrawal of penalty proceedings.

• The Owners – Strata Plan No 20427 owners corp
• A Halliwell Nominees Pty Ltd lot owner
• Peter Irvine lot owner

The Appeal Panel dismissed the respondents' application for costs, finding that rules 38 and 38A were not applicable as the amount in dispute did not exceed $30,000, and that special circumstances had not been established under section 60 of the NCAT Act.