The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205 Hearing dates: 17 September 2020 Date of orders: 06 October 2020 Decision date: 06 October 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) The Owners Corporation has leave to be legally represented on the condition that the Owners Corporation makes no claim for costs of the appeal against the other parties to this appeal. (2) The time for lodgement of the appeal is extended to 29 June 2020. (3) Leave to appeal granted. (4) Appeal dismissed. Catchwords: ADMINISTRATIVE LAW – Civil & Administrative Tribunal (NSW) – appeal on a question of law, substantial miscarriage of justice, appointment of a compulsory strata manager, orders disproportionate to alleged failings of Owners Corporation Legislation Cited: None cited Cases Cited: Bischoff v Sahade [2015] NSWCATAP 135 Collins v Urban [2014] NSWCATAP 17 Hoare & Ors v The Owners Strata Plan No 73905 [2018] NSWCATCD 455 Prendergast and Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 [13(7)] Texts Cited: None cited Category: Principal judgment Parties: The Owners – Strata Plan No 76317 (First Appellant) Professional Strata Management Group (Second Appellant) Ching-Wen Ho (First Respondent) Peter Groves (Second Respondent) Jeffrey Temple (Third Respondent) Whelan Property Group Pty Ltd (Fourth Respondent) Representation: Solicitors: D Residovic (for First Appellant) R Res, (Strata Manager) (Second Appellant) File Number(s): AP 20/28134 Publication restriction: Nil Decision under appeal Court or tribunal: Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 28 May 2020 Before: M Tibbey, Senior Member File Number(s): SC 19/36188