Bruce v Knight [2021] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bruce v Knight [2021] NSWCATAP 224 Hearing dates: 5 May 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member A Boxall, Senior Member Decision: (1) The appeal is allowed. (2) The orders made by the Tribunal on 21 January 2021 in SC 20/26294 are set aside. (3) The whole of the proceedings be remitted to a differently constituted Tribunal for a new hearing and redetermination of the respondent's application in accordance with the evidence previously adduced to the Tribunal and such further evidence as the Tribunal may allow. (4) If the appellants seek costs: (a) they must file with the Registry and give to the respondents submissions limited to five pages within 14 days of these reasons; (b) the respondents may respond within a further 14 days; (c) the appellants may reply within a further 7 days; (5) All submissions must be limited to three pages; (6) The Tribunal proposes to decide any application for costs "on the papers". If either party opposes this course, they should that issue in their submissions. Catchwords: LAND LAW – strata title – common property – common property rights by-law – whether unreasonable refusal to consent Legislation Cited: Body Corporate and Community Management Act 1997 (Q) Civil and Administrative Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Capcelea v The Owners – Strata Plan No 48887 [2019] NSWCATCD 27 Chapman v Taylor [2004] NSWCA 456 Craig v State of South Australia (1995) 184 CLR 163 Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 Macey's Group Pty Ltd v Owners – Strata Plan 33591 [2021] NSWCATAP 7 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Owners – Strata Plan No 12289 v Donaldson [2019] NSWCATAP 213 The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 845 Texts Cited: None cited Category: Principal judgment Parties: Anthony Bruce (First Appellant) The Owners – Strata Plan 208 (Second Appellant) Alexander Knight (First Respondent) Cleo Knight (Second Respondent) Representation: Counsel: V F Kerr SC (Appellants) S Foda (Respondents)