The Owners – Strata Plan No 76700 v Trentelman [2021] NSWCATAP 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 76700 v Trentelman [2021] NSWCATAP 205 Hearing dates: 22 June 2021 Date of orders: 09 July 2021 Decision date: 09 July 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J McAteer, Senior Member Decision: (1) Application to extend time to appeal dismissed. (2) If any party desires to make an application for costs of the application to extend time: (a) that party is to so inform the other party within 14 days of the date of these reasons; (b) the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of these reasons; (c) the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons; (d) any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons; (e) the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, include submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: APPEALS — procedure — time limits — extension of time — principles — delay of two years — no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60 Strata Schemes Management Act 2015 (NSW), s 236 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Karl Suleman Enterprizes Pty Ltd (In Liq) v Pham [2013] NSWCA 93 Katter v Melhem (2015) 90 NSWLR 164; [2015] NSWCA 213 Nanschild v Pratt [2011] NSWCA 85 O'Hare v Bradfield Bentley Pty Ltd (in liq) [2019] NSWCA 122 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Voitenko v Zurich Australian Insurance Ltd [2019] NSWCA 229 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No 76700 (Appellant) Natalia Trentelman (Respondent) Representation: Counsel: J Mee (Appellant) T Davie (Respondent)