Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCATAP 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCATAP 222 Hearing dates: 1 December 2020 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member J Kearney, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – strata scheme – reallocation of unit entitlements – application to vary past contributions in line with new allocation of unit entitlements – application of s 87 of Act – denial of procedural fairness – exercise of discretion – while error of law found no error in exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 1996 Strata Schemes Management Act 2015 Cases Cited: Brennan v New South Wales Land and Housing Corporation [2011] NSWCA 298; (2011) 83 NSWLR 23 Cleggett v OC SP 35541 [2013] NSWCTTT 359 Davis v Owners Corporation SP 63429 [2018] NSWCATAD 27 House v The King [1936] HCA 40; (1936) 55 CLR 499 North East Developments Pty Limited v The Owners – Strata Plan No. 53374 [2007] NSWSC 1063 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sahade v The Owners – Strata Plan 62022 [2014] NSWCA 208; (2014) 81 NSWLR 261 Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284; 103 NSWLR 352 Category: Principal judgment Parties: Natalia Trentelman (Appellant) The Owners – Strata Plan No 76700 (Respondent) Representation: Counsel: T Davie (Appellant)