Newcastle Central Plaza Pty Ltd v The Owners - SP; No 80412 [2021] NSWCATAP 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Newcastle Central Plaza Pty Ltd v The Owners - SP; No 80412 [2021] NSWCATAP 169 Hearing dates: 28 January 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: 1. Appeal dismissed. 2. Within 21 days of the publication of these orders the Respondent may file and serve evidence and submissions in support of an order for costs of the appeal. 3. Within 21 days thereafter the Appellant may file and serve submissions with evidence in opposition to the Respondent's application for an order for costs of the appeal. 4. The submissions of the parties shall include submissions as to whether the Appeal Panel may decide the question of costs of the appeal on the papers and dispense with a hearing on that question. Catchwords: LAND LAW- Strata title- reallocation of unit entitlements - unreasonable initial allocation - application by owners corporation - requirement for a certificate of valuation - hardship to lot owner - restitutio in integrum -. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Real Property Act 1900 (NSW) Cases Cited: Anderson Stuart v Treleaven (2000) 49 NSWLR 88 Clay v Clay (2001) 202 CLR 410 Connective Services Pty Ltd v Slea Pty Ltd (2019) 267 CLR 461; [2019] HCA 33 Joam v Minister for Immigration & Multicultural Affairs [2002] FCA 107 Kirsch v HP Brady Pty Ltd (1937) 58 CLR 36; [1937] HCA 20 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154 Nibbs v Devonport City Council [2015] TASSC 34 Phosphate Resources Ltd v Minister for the Environment, Heritage & the Arts (No 2) (2008) 251 ALR 80 Sahade v Owners Strata Plan 62022 [2014] NSWCA 208 The Peoples Prudential Insurance Co Ltd v The Australian Federal & Life Assurance Co Ltd (1935) 35 SR (NSW) 253 Vadasz v Pioneer Concrete (SA) Pty Ltd (1985) 184 CLR 102 Zhu v Owners Strata Plan 519933 [2019] NSWCATCD 4 Texts Cited: Nil Category: Principal judgment Parties: Newcastle Central Plaza Pty Ltd (Appellant) The Owners - SP No 80412 (Respondent) Representation: Counsel: Dr R O'Hair (Appellant) D Knoll AM (Respondent)