The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130 Hearing dates: 8 and 17 December 2020 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: (1) To the extent required, leave to appeal is granted. (2) The appeal is allowed. (3) The orders made by the Tribunal on 14 July 2020 concerning costs are set aside. (4) Within 14 days after the date of publication of these reasons, the SPG appellants are to provide written submissions concerning the form of the remaining orders the Appeal Panel should make in disposing of this appeal, addressing the matters raised in paragraphs 273 to 278 of these reasons for decision, as well as addressing any orders sought concerning the costs of the appeal and the question whether the remaining matters should be dealt with on the papers and without a further hearing. (5) Within a further 14 days, the respondents are to provide written submissions concerning the matters referred to in Order 4. (6) The SPG appellants may provide written submissions in reply to the respondents' submissions referred to in Order 5 within a further seven days. Catchwords: LAND LAW - Strata title - special levy - resolution for large amount in respect of common property works - whether special levy went beyond what required to carry out repair work required pursuant to s 106 of the Strata Schemes Management Act (SSMA) - whether resolution to impose special levy made for an improper purpose - controlling lot owners' objective to buy out other lots in order to redevelop - appointment of strata manager under s 237 of the SSMA - whether improper purpose an irrelevant consideration - variation of special levy under s 87 SSMA as excessive. APPEALS - Standing to bring appeal on behalf of Owners Corporation - errors of law - errors in fact-finding - absence of probative evidence for factual conclusions - appropriateness of finding suggesting dishonesty - availability of adverse credit finding -affidavit evidence from two witnesses about a conversation virtually identical - leave to appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bell v Commissioner of Taxation [2012] FCA 1042 Bischoff v Sahade [2015] NSWCATAP 135 Collins v Urban [2014] NSWCATAP 17 James v The Owners - Strata Plan No 11478; The Owners - Strata Plan No 11478 v James [2016] NSWSC 1558 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; 243 CLR 361 Macquarie Developments Pty Ltd & Anor v Forrester & Anor [2005] NSWSC 674 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ridis v Strata Plan 10308 [2005] NSWCA 46; 63 NSWLR 449 Stolfa v Owners Strata Plan 4366 [2009] NSWSC 589 Unilodge Australia v SP 54026 [2020] NSWCATCD, unreported, 29 April 2020 Category: Principal judgment Parties: The Owners – Strata Plan No 1813 (First Appellant) Sarraf Property Group Pty Ltd (Second Appellant) Konn Palonis (Third Appellant) Francis John Keevers (First Respondent) Peta Bourke (Second Respondent) Joanne Fardell (Third Respondent) Representation: Counsel: G Sirtes SC and N Newton (Second & Third Appellants). S Philips (Respondents)