Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:

1. These reasons for decision should be read with, and use the same abbreviations as in, the decision that we made on 8 May 2025: The Owners - Strata Plan No 55468 v Silberstein [2025] NSWCATAP 102 (the appeal decision). In the appeal decision, we relevantly made the following order 5 (the appeal costs order) and order 7 relevantly comprising procedural orders for the lodgement and service by the parties of evidence and submissions including on the question of whether an oral hearing may be dispensed with if a party sought to vary the appeal costs order:

"(5) The first appellant is to pay 80% of the costs of the respondent of the appeal on the ordinary basis."

2. On 15 May 2025, Ms Silberstein lodged an Application for miscellaneous matters in which she seeks the following orders (the Silberstein costs application):

"1) Order (5) of the the orders made by the Appeal Panel on 8 May 2025 be varied as follows:

"The first appellant is to pay 90% of the costs of the respondent of the appeal on an indemnity basis".

2) The Respondents to this application (the Appellants to the appeal) pay the Applicant's (the Respondent's of the appeal) costs of this application."

3. We have decided that the Silberstein costs application should be dismissed and Ms Silberstein should pay OSP55468's costs of the Silberstein costs application.

The history of the appeal

4. The history of the appeal up to 8 May 2025 is set out in the appeal decision at [56]-[64].

5. On 15 May 2025, Ms Silberstein lodged her submissions on the costs of the appeal as part of the Silberstein costs application (the Silberstein appeal costs submissions).

6. On 5 June 2025, OSP55468 lodged its submissions on the costs of the appeal in response to the Silberstein appeal costs submissions (the OSP55468 appeal costs submissions).

7. Ms Silberstein did not lodge any submissions in reply on the costs of the appeal.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197be1871751bede56bc8b06)

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