1 QUISENBERRY DRIVE LAKE MUNMORAH

COSTS-respondent’s application for 50% of its costs of appeal-appeal from decision by the Tribunal in proceedings referred to Tribunal by an adjudicator in which the Tribunal has no power to award costs- appeal also concerned with some matters falling within the original jurisdiction of the Tribunal-appeal unsuccessful on all matters except in relation to a costs order made by the Tribunal -special circumstances for making a costs order required to be established as provided for in s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)-no special circumstances shown.

LAND LAW – Community Land Development Act 1989 (NSW) – Community Land Development Act 1989 (NSW) – creation of by-laws for restricted use – interpretation of by-laws – effectiveness of grant of by-law made by strata scheme on subdivision of strata lot – whether particular common property the subject of the grant. PRACTICE AND PROCEDURE – referral of adjudication proceedings commenced under the Community Land Management Act 1989 (NSW) to the Tribunal – permissibility of including in those referred proceedings applications for relief which only the Tribunal can hear COSTS – whether Tribunal, on the referral by an adjudicator of proceedings under the Community Land Management Act 1989 (NSW) may award costs – whether the Tribunal in determining application which includes relief within the original general jurisdiction of the Tribunal may award costs in respect of those matters only