The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186 Hearing dates: 4 August 2020 Date of orders: 7 September 2020 Decision date: 07 September 2020 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member M Gracie, Senior Member Decision: (1) The appeal is upheld (2) The orders under appeal are quashed and in lieu we order that the application before the Senior Member be dismissed. (3) Costs are reserved with liberty to apply which should be exercised by making application within 28 days of this date Catchwords: STRATA TITLE – appeal from order of Tribunal ordering repayment of contributions for cost of heating water not used by some lot owners - held s 232 and other provisions of the Strata Schemes Management Act 2015 did not empower order - appeal allowed. Legislation Cited: Strata Schemes Management Act 2015 ss 79, 81,82,83,87,88,136, 232 Cases Cited: Davis v Owners Corporation SP 63429 [2018] NSWCATCD 27 The Owners Strata Plan No 74835 v Pullicin; The Owners Strata Plan No 80412 v Vickery [2020] NSWCATAP 5. Shih v The Owners - Strata Plan No 87879 [2019] NSWCATAP 263 Texts Cited: None cited Category: Principal judgment Parties: The Owners – Strata Plan No 76830 (Appellant) Byron Moon Pty Ltd (First Respondent) Sea Nest Pty Ltd (Second Respondent) Representation: Counsel: J Steele (Respondents)