Delmont Purcell v The Owners - Strata [2021] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Delmont Purcell v The Owners - Strata [2021] NSWCATAP 3 Hearing dates: 24 September 2020 Date of orders: 8 January 2021 Decision date: 06 January 2021 Jurisdiction: Appeal Panel Before: A Britton, Principal Member A Boxall, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) Application for costs is refused. Catchwords: APPEAL — NCAT — leave to appeal from decision of Consumer and Commercial Division of NCAT — assessment of whether decision is "against the weight of evidence" where Appeal Panel is not provided with all of the material that was before the Tribunal COSTS — whether special circumstances warranting an award for costs are established —- whether discretion to award costs should be exercised Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Property and Stock Agents Act 2002 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Category: Principal judgment Parties: Delmont Purcell (Appellant) Jaridel Pty Ltd (Second Appellant) and Nimmitabel Waters Pty Ltd (Third Appellant) The Owners Strata Plan No 84716 (Respondent) Representation: Solicitors: Appellant (Self-Represented) Bannermans Lawyers (Respondent) File Number(s): AP 20/30042 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 June 2020 Before: L Wilson, Senior Member File Number(s): SC 20/06181