11-27 CARABELLA STREET KIRRIBILLI

APPEALS — constructive failure to exercise jurisdiction APPEALS — Procedure — Time limits — Extension of time – application granted COSTS – appeal from exercise of discretion in finding special circumstances to make award for costs - appeal dismissed COSTS – application that the appellant pay the respondent’s costs of the appeal – application dismissed

COSTS — operation of r 38A of the Civil and Administrative Tribunal Rules 2014 — whether “the amount … in dispute” in the appeal exceeded $30,000 APPEAL— whether Appeal Panel has the power to award costs in relation to proceedings at first instance in circumstances where the Tribunal did not make a decision in relation to costs

APPEAL — NCAT — questions of law — leave to appeal from decision of Consumer and Commercial Division of NCAT LAND LAW — strata title — common property — maintenance and repair of common property ─ relationship between ss 106 and 108 of the Strata Schemes Management Act 2015 EVIDENCE — expert evidence — whether Tribunal permitted to consider whether witness was an expert in proceedings in which NCAT Procedural Direction 3, Expert Evidence did not apply