The Owners – SP No 91684 v Liu; The Owners – SP No 90189 v Liu [2022] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – SP No 91684 v Liu; The Owners – SP No 90189 v Liu [2022] NSWCATAP 1 Hearing dates: 22 November 2021 Date of orders: 5 January 2022 Decision date: 05 January 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member J Kearney, Senior Member Decision: 1. In matter 2021/00262738: (a) The appeal is dismissed; and (b) The stay of the Tribunal's orders granted 29 September 2021 is lifted. 2. In matter 2021/00262728: (a) The appeal is dismissed; and (b) The stay of the Tribunal's orders granted 29 September 2021 is lifted. 3. The Respondent is to file submissions on costs (limited to five pages) within 28 days; 4. The Appellants may respond within a further 14 days. 5. The Respondent may reply within a further 14 days. 6. The Appeal Panel proposes to determine the issue of costs "on the papers" and without a hearing. If either party opposes that course they should address that matter in their submissions. Catchwords: LAND LAW – Strata Schemes Management Act – validity of by-law - harsh, unconscionable or oppressive – without power - severability Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 80 Fair Trading Act 1987 (NSW) - s 54A Fair Trading Amendment (Short-Term Rental Accommodation) Act 2018 – s 137A Interpretation Act 1987 (NSW) – ss 3, 32 and 34 Strata Schemes Management Act 2015 (NSW) – ss 79, 136, 137, 137A, 139, 150 Cases Cited: Buck v Bavone [1976] HCA 24; (1976) 135 CLR 110 Collins v Urban [2014] NSWCATAP 17 Cooper v The Owners - Strata Plan 58068 (2020) 103 NSWLR 160; [2020] NSWCA 250 Cooper Brookes (Wollongong) Pty Ltd v FCT (1981) 35 ALR 151 Gelder v The Owners Strata Plan No 38308 [2020] NSWCATAP 227 Mailey v Sutherland Shire Council (2017) 226 LGERA 188; [2017] NSWCA 343 Sportodds Systems Pty Ltd v New South Wales [2003] FCAFC 237; (2003) 133 FCR 63 Owners SP 3397 v Tate [2007] NSWCA 207 Politis v Federal Commissioner of Taxation [1988] FCA 446 Thompson v Goold & Co [1910] AC 409 Upton v Martin and Stein Antiques Pty Ltd [2017] NSWCATAP 175 Category: Principal judgment Parties: In 2021/00262738: The Owners - SP No 91684 and The Owners - SP No 90189 (Appellants) Ava Dongmei Liu (Respondent)