Appeal of Tenancy Tribunal — costs order — contractual dispute — Unit Titles Act 2010, ss 121, 138, 147 & 153 — Residential Tenancies Act 1986, s 102 — Unit Titles Regulations 2011, reg 34. The appellant appealed a decision by the Tenancy Tribunal that dismissed a claim of $3,087 and instead awarded costs of $2,415 to the respondent. The appellant, a Body Corporate, had issued a pre-settlement disclosure statement with the respondent following her entering a sale and purchase agreement that stated further costs may be attributable to the purchaser for remediation to the building. The Body Corporate discovered a defect with the exterior cladding and (after an extraordinary general meeting) levied the respondent $3,087 for the work done, which the respondent argued she did not have to pay as it predated her purchase of unit. The Tenancy Tribunal agreed, finding that the disclosure statement referred to future liability and costs should be awarded for the legal advice the respondent sought prior to the Tribunal. The Judge disagreed, holding that the disclosure agreement was intended to cover issues of this nature and that the Adjudicator was wrong in awarding costs under s 102 of the Residential Tenancies Act, as the Act provides for instances where the parties have counsel present at proceedings. The Judge quashed the Tribunal's orders and ordered the respondent pay $3,087 and the appellant's costs on a 2B basis. Judgment Date: 24 September 2018.