Nelson v The Owners – Strata Plan No.49504; The Owners – Strata Plan No.49504 v Nelson [2020] NSWCATAP 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nelson v The Owners – Strata Plan No.49504; The Owners – Strata Plan No.49504 v Nelson [2020] NSWCATAP 194 Hearing dates: 1 September 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President M Harrowell, Deputy President Decision: 1. Leave to file appeal AP 20/26058 is extended to 16 June 2020. 2. In respect of appeal AP 20/26058, leave to appeal is refused and the appeal is otherwise dismissed. 3. In respect of appeal AP 20/32367, leave to appeal is refused and the appeal is otherwise dismissed. 4. The Appeal Panel makes no order for costs. Catchwords: LAND LAW – Strata title – contravention of by law – failure to comply with notice to remove animals – order for removal under s 157 of the Strata Schemes Management Act 2015 PRACTICE AND PROCEDURE – costs – s 60 of the Civil and Administrative Tribunal Act 2013 – no special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Rules 2014 (NSW) Companion Animals Act 1998 (NSW) Disability Discrimination Act 1992 (Cth) Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban (2014) NSWCATAP 17 House v R [1936] HCA 40; (1936) 55 CLR 499 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Principal judgment Parties: AP 20/26058 Appellant: Yasmin Castrillo Nelson Respondent: The Owners – Strata Plan No.49504