Wang v MacDermott [2021] NSWCATAP 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v MacDermott [2021] NSWCATAP 75 Hearing dates: 29 September 2020 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member M Gracie, Senior Member Decision: (1) Grant leave to appeal. (2) Orders 2 and 3 of the Tribunal's Reasons for Decision dated 10 June 2020 are quashed. (3) The appeal is dismissed. (4) Provisionally order that the costs of the appeal shall be the respondent's costs in the substantive proceedings. (5) The provisional costs order in order (4) above will become final 14 days after these Reasons are published, unless a party notifies the Registry and the other party in writing that some other costs order is sought and if so, whether that party consents to dispensing with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL — NCAT— leave to appeal from interlocutory decision of Consumer and Commercial Division - question of law - leave to appeal STRATA SCHEMES - interlocutory question - application under s 238 Strata Schemes Management Act 2015 - whether "interested person" under s 226 Strata Schemes Management Act 2015 - meaning of "lawful occupier" - application by executor prior to grant of probate - whether an "estate or interest" in a lot PRACTICE AND PROCEDURE - orders outside scope of interlocutory question - final orders dismissing parts of Application - orders quashed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Probate and Administration Act 1898 (NSW) Real Property Act 1900 (NSW) Cases Cited: Access Housing Pty Ltd ACN 065902936 v Rayfield [2017] NSWCATAP 4 Andrews v Hogan [1952] HCA 37; (1952) 86 CLR 223 AQO v Minister for Finance and Services [2016] NSWCA 248 Bone v Commissioner of Stamp Duties (NSW) [1974] HCA 29; [1974] 132 CLR 38 Bull v NSW Land and Housing Corporation [2016] NSWCATAP 266 Byers v Overton Investments Pty Ltd [2000] FCA 1761; 106 FCR 268 Byers v Overton Investments Pty Ltd [2001] FCAFC 760; 109 FCR 554 Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell [2019] NSWCA 299 Commissioner of Stamp Duties (NSW) v Bone [1976] UKPCHCA 1; (1976) 135 CLR 223 Commissioner of Stamp Duties (Qld) v Livingstone (1964) 112 CLR 12 Darrington v Caldbeck (1990) 20 NSWLR 212 Ericon Buildings Pty Limited v The Owners Strata Plan No 96597 [2020] NSWCATAP 265 Ex parte Callan; Re Smith (1968) 1 NSWR 443 Federal Commission of Taxation v Trail Brothers Steel & Plastics Pty Ltd [2010] FCAFC 94; (2010) 186 FCR 410 In the matter of Pacific Springs Pty Ltd [2020] NSWSC 1240 J A Pye (Oxford) Ltd v Graham [2003] 1 AC 419; [2002] UKHL 30 Littledale v. Liverpool College [1900] 1 Ch 19 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Marshall v DG Sundin & Co Ltd (1989) 16 NSWLR 463 McFarland v Gertos [2018] NSWSC 1629 Meacham v Commissioner of Police [2020] NSWCATAP 107 Powell v McFarlane (1979) 38 P&CR 452 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roberts v Swangrove Estates Ltd [2007] EWHC 513 (Ch) South Maitland Railways Pty Ltd v Satellite Centres Australia Pty Ltd [2009] NSWSC 716 The Sydney Building Company Limited v Sinac [2019] NSWCATAP 43 Turner v Noyes (1903) 20 WN (NSW) 266) Texts Cited: Concise Oxford English Dictionary 12th Ed. JD Heydon and MJ Leeming Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis Butterworths) Macquarie Concise Dictionary (2nd Edition) (1988) Category: Principal judgment Parties: Selina Wang (First Appellant) Oren Werker (Second Appellant) Richard Riswej (Third Appellant) Owners-Strata Plan 3740 (Fourth Appellant) Bruce MacDermott (Respondent) Representation: Solicitors: Strata Title Lawyers (Appellants) Respondent (Self-Represented) File Number(s): 2020/00370897 (AP 20/29492) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 June 2020 Before: N Vrabac, Senior Member File Number(s): SC 20/04566