5 TAMBUA STREET PYRMONT

NSW CIVIL AND ADMINISTRATIVE TRIBUNAL – COSTS – when enabling legislation provides for the making of a costs order – discretion to award costs under the Strata Schemes Management Act 1996 – principles as to when fixed sum costs orders are appropriate

STATUTORY CONSTRUCTION – enforcement proceedings concerning an order of a Strata Schemes Adjudicator made before repeal of the Strata Schemes Management Act 1996 (NSW) – effect of repeal of the 1996 Act – effect of transitional provisions of Strata Schemes Management Act 2015 (NSW) and Interpretation Act 1987 (NSW) – right to bring enforcement proceedings, as if the Strata Schemes Management Act 1996 (NSW) had not been repealed, preserved by s 30 of the Interpretation Act – Sch 3 cl 9 of Strata Schemes Management Act 2015 is merely facultative and does not establish an exclusive regime CIVIL PENALTIES – application for civil pecuniary penalty under s 202 of the Strata Schemes Management Act 1996 – where unfettered discretion to impose pecuniary penalty – purposes of imposing a penalty – general factors that may be considered when determining whether a pecuniary penalty is to be imposed and amount of the penalty