Rosenthal v The Owners – Strata Plan No 20211 [2020] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rosenthal v The Owners – Strata Plan No 20211 [2020] NSWCATAP 251 Hearing dates: 23 November 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Blake AM SC, Senior Member Decision: (1) Leave is granted to the appellants to amend the notice of appeal in accordance with the document entitled "Amended Annexure A to Notice of Appeal" filed 15 September 2020. (2) The appeal is allowed and orders 1 and 2 made on 28 August 2020 in application SC 19/20671 set aside. (3) There is no order for costs. Catchwords: JUDGMENTS AND ORDERS – Consent order – meaning of order – interim or final order – admissibility of extrinsic evidence ADMINISTRATIVE LAW – procedural fairness – order made without submissions from parties and without providing parties with an opportunity to be heard Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Athens v Randwick City Council [2005] NSWCA 317; 64 NSWLR 58 Bookarelli Pty Ltd v Katanga Developments [2017] NSWCA 69 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Wende v Horwath (NSW) Pty Limited [2014] NSWCA 170; (2014) 86 NSWLR 674 Texts Cited: P W Young, "Construing Court Orders" (1998) 72 ALJ 117 Category: Principal judgment Parties: Thomas Rosenthal (First Appellant) Jo-Anne Rosenthal (Second Appellant) The Owners – Strata Plan No 20211 (Respondent) Representation: Counsel: A Fernon SC (Appellants) T Maltz (Respondent)