The Owners Strata Plan No 79642 v Five D Pty Ltd [2020] NSWCATAP 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No 79642 v Five D Pty Ltd [2020] NSWCATAP 110 Hearing dates: 12 February 2020 Date of orders: 15 June 2020 Decision date: 15 June 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G Sarginson, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEALS---Dividing fences---Renewal proceedings---Order dismissing proceedings---Whether error of law established---Whether other error involving leave established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 a Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Minifie v Maxwell [2020] NSWCATAP 30 Nicholls v Fortmann [2020] NSWCATAP 52 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Purcell v Chadwick [2018] NSWCATAP 250 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: The Owners-Strata Plan No 79642 (Appellant) Five D Pty Ltd (Respondent) Representation: Solicitors: I. Mohammed (Appellant) K. May (Director) (Respondent) File Number(s): AP 19/51847 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 October 2019 Before: G. Meadows, Senior Member File Number(s): Com 19/20225