13 WAINE STREET SURRY HILLS

COSTS – costs application by the respondent – principles – withdrawal of appeal by the appellants – no hearing on the merits – costs application dismissed

LAND LAW — Strata schemes – application for compulsory appointment of strata managing agent – s 237 Strata Schemes Management Act 2015 – burden and standard of proof – sufficiency of evidence – complaints and assertions not evidence – lack of contemporaneous or first‑hand proof – functioning of owners corporation – fire safety works and common property repair works – lay opinion – allegations of misconduct unsupported – discretion not enlivened

CIVIL PROCEDURE – Civil and Administrative Tribunal – Summons to give evidence – Application to set aside – Whether the applicants could establish a legitimate forensic purpose