Loneragan v The Owners - Strata Plan No 16519 [2020] NSWCATAP 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Loneragan v The Owners - Strata Plan No 16519 [2020] NSWCATAP 177 Hearing dates: 21 April 2020 Date of orders: 25 August 2020 Decision date: 25 August 2020 Jurisdiction: Appeal Panel Before: A Britton, Principal Member M Gracie, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) Any party seeking an order for costs must file and serve an application for costs together with supporting submissions within 28 days of the date of this decision. (4) Any party opposing that application must file and serve any submissions in reply within 14 days of receipt of the other party's submissions. Catchwords: APPEAL — NCAT — questions of law — leave to appeal from decision of Consumer and Commercial Division of NCAT LAND LAW — strata title — common property — maintenance and repair of common property ─ relationship between ss 106 and 108 of the Strata Schemes Management Act 2015 EVIDENCE — expert evidence — whether Tribunal permitted to consider whether witness was an expert in proceedings in which NCAT Procedural Direction 3, Expert Evidence did not apply Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Evidence Act 1995 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes (Freehold Development) Act 1973 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Nationwide Builders Pty Ltd v Le Roy [2019] NSWCATAP 220 Ridis v Strata Plan 10308 [2005] NSWCA 246 Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157 Sittingbourne Urban District Council v Lipton [1931] 1 KB 539 Stolfa v Owners Strata Plan 4366 & Ors [2009] NSWSC 589 Stolfa v Hempton [2010] NSWCA 218 The Owners Strata Plan No 50276 v Thoo [2013] NSWCA 270 Texts Cited: None cited Category: Principal judgment Parties: Hugo Loneragan (Appellant) The Owners Strata Plan No 16519 (Respondent) Representation: Counsel: T Bors (Appellant) J Young (Respondent)