Walker v The Owners - Strata Plan No 1992 [2020] NSWCATAP 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walker v The Owners - Strata Plan No 1992 [2020] NSWCATAP 192 Hearing dates: 18 June 2020 Date of orders: 16 September 2020 Decision date: 16 September 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Gracie, Senior Member Decision: (1) Appeal upheld (2) The order dismissing the application is set aside and in its place order 3 is made. (3) Pursuant to s 188(2) of the Strata Schemes Management Act 2015, within 21 days of the date of these reasons, the respondent is to make available to the appellant for inspection at a time and place to be agreed between the parties the levy register required by regulations 22 and 23 of the Strata Schemes Management Regulation 2016 in the custody or control of the respondent or held on behalf of the respondent by its strata manager, relating to Strata Plan 1992 for the financial years 2018-2019 and 2019-2020; (4) Liberty to apply to either party within 28 days of the date of these reasons for any further or other order under s 188(3) of the Strata Schemes Management Act 2015 with respect to the manner in which the records the subject of order 3 are to be made available to the appellant by the respondent. Catchwords: APPEAL — leave to appeal from decision of Consumer and Commercial Division of Tribunal STRATA TITLE - order of Tribunal refusing inspection of financial information and accounting records of Owners Corporation - levies - levy register - privacy - exercise of discretion by Tribunal to refuse inspection of records - application of s 182 Strata Schemes Management Act 2015 - inspection of levy register granted Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Rules 2014 Strata Schemes Management Act 2016 Strata Schemes Management Regulation 2016 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Craig Walker (Appellant) The Owners - Strata Plan No 1992 (Respondent) Representation: Solicitors: Appellant (Self Represented) Sky Living Strata (Respondent) File Number(s): AP 20/17501 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 March 2020 Before: J Bartrop, General Member File Number(s): SC 20/02429