Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25:

1. These reasons concern a costs application by the respondent to the appeal, seeking costs of the appeal commenced by the appellant on 26 November 2024.

2. The appellant is a Lot owner in a Strata Scheme. The respondent to the appeal is the Owners Corporation of that Strata Scheme.

3. By way of brief background, until 17 November 2023 the respondent was self-managed, that is, it operated without a strata managing agent. The appellant was a member of the strata committee until 17 November 2023 and in that role held books and records of the respondent.

4. At a general meeting held on 17 November 2023 the lot owners voted to appoint a strata managing agent.

5. Following that appointment, the Owners Corporation made an application to the Tribunal to have the appellant hand over the books and records of the Owners Corporation which were in her possession. On 22 March 2024 the Tribunal ordered that the appellant hand over the books and records to the Owners Corporation. The Owners Corporation (being legally represented) sought costs of those proceedings and on 17 June 2024 the Tribunal made a lump sum costs order in favour of the Owners Corporation.

6. The appellant appealed to the Appeal Panel and her appeal was successful on the basis that the Tribunal in its reasons had not taken into account certain costs submissions of the appellant. The matter was remitted back to the Tribunal (as previously constituted) to reconsider the costs aspect of the matter.

7. The Tribunal re-determined the remitted issue and provided reasons indicating that there were sufficient grounds under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) to make a costs order against the appellant and awarded lump sum costs of the proceedings before the Tribunal in the sum of $13,292.38 on 24 October 2024.

8. On 26 November 2024 the appellant filed a Notice of Appeal against both the substantive decision to require that she hand over the strata records and the costs decision flowing from it. It is this Appeal that this decision and these reasons concern. However, this decision and reasons are, as shall be seen below, confined to the question of costs of this 'second' Appeal.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197a08f850e798d3e37aa674)

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