Stemp v Otis Elevator Company Pty Ltd [2021] NSWCATAP 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stemp v Otis Elevator Company Pty Ltd [2021] NSWCATAP 220 Hearing dates: 13 July 2021 Date of orders: 20 July 2021 Decision date: 20 July 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Charles, Senior Member Decision: (1) The time for filing the Notice of Appeal is extended to 9 April 2021. (2) Appeal dismissed. (3) Leave to appeal refused. Catchwords: APPEALS – Application for leave to appeal – no question of principle – whether the Tribunal erred in finding that the appellants were not parties to the contract relied on Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – cl 12 of Sch 4 Strata Schemes Management Act 2015 (NSW) – s 273(2)(b) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Trident General Insurance Co Limited v McNiece Bros Pty Ltd (1988) 165 CLR 107 Tweddle v Atkinson (1861) 1 B & S 393 Ryledar Pty Ltd v Euphoric Pty Ltd [2007] NSWCA 65 Texts Cited: Is Privity of contract here to stay?, J McDonnell, S Ogden J Koe, King & Wood Mallesons, 21 October 2019 Category: Principal judgment Parties: Leonie Stemp (Appellant) Otis Elevatory Company Pty Ltd (First Respondent) Pamela Murphy (Second Respondent) Representation: Appellant (Self Represented) Respondent: Otis Elevator Company Pty Ltd File Number(s): 2021/00098648 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 February 2021 Before: P Briggs, General Member File Number(s): HB 20/46738