Macey's Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Macey's Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7 Hearing dates: 15 September 2020 Date of orders: 18 January 2021 Decision date: 18 January 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J Kearney, Senior Member Decision: (1) The appeal is allowed, orders 1 and 2 made 12 May 2020 are set aside and the application is dismissed. (2) Subject to order 3, each party is to pay their own costs of the proceedings at first instance and on appeal. (3) In the event either party contends a different costs order should be made in the proceedings at first instance or on appeal, the following directions apply: (a) Within 14 days from the date of these orders, the applicant for costs (costs applicant) is to file and serve evidence and submissions in support of that application, including a list of the orders sought (costs application). (b) Within 28 days from the date of these orders, the respondent to the costs application is to file and serve any evidence and submissions in reply. (c) Within 35 days from the date of these orders, the cost applicant is to file and serve any submissions in response. (d) The submissions are to include submissions about whether an order should be made under s 50(2) of the Civil and Administrative Tribunal Act 2013 dispensing with a hearing of the costs application. (e) Upon the making of a costs application under direction 3(a), order 2 shall, as the case may be, cease to have effect in respect of costs of the proceedings at first instance, the costs of the appeal proceedings or both proceedings. Catchwords: STRATA TITLES LAW – Repeal of by-law – enforcement of settlement agreement reached at mediation under Part 12 Division 2 of the Strata Schemes Management Act 2015 – resolution to repeal by-law in consequence of settlement agreement – refusal by lot owner to consent to the repeal – power of Tribunal to make an order under s 149 of the Strata Schemes Management Act 2015 – whether refusal was unreasonable ADMINISTRATIVE LAW – power of the Tribunal under s 58 of the Civil and Administrative Tribunal Act to impose conditions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act, 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Ainsworth v Albrecht [2016] HCA 40 Owners Corporation Strata Plan 7596 v Risidore & Ors [2003] NSWSC 966 Reen v Owners Corporation SP 300 [2008] NSWSC 1105 The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 845 Texts Cited: Nil Category: Principal judgment Parties: Macey's Group Pty Ltd (Appellant) The Owners - Strata Plan No 33591 (Respondent) Representation: Counsel: D Hand (Appellant)