Sunaust Properties Pty Ltd v The Owners - Strata Plan No 64807 [2022] NSWCATAP 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sunaust Properties Pty Ltd v The Owners - Strata Plan No 64807 [2022] NSWCATAP 55 Hearing dates: 23 February 2022 Date of orders: 24 February 2022 Decision date: 25 February 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) The effect of order 1 made in proceedings SC 21/02639 on 17 January 2022 is stayed, solely to the extent that it affects the appellant's rights in respect of what is described in these reasons as by-law RB1. (2) The effect of order 2 made in proceedings SC 21/02639 on 17 January 2022 is stayed. (3) Order 2 herein is conditional upon the appellant forthwith granting to the respondent and its servants, contractors or agents an ongoing right to enter, remain upon and to use the "reception lot" (lot 109 in the scheme) and the security access control, fire safety equipment and CCTV equipment located therein pending determination of the appeal. Such right does not extend to any use of the lot which involves the promotion or provision of services involving the sale, leasing or letting of real property. Any keys or other access devices and security codes required to give effect to this order are to be provided by the appellant to the respondent. (4) Grant liberty to the parties to apply for a variation to the orders made by me if they contend that they do not properly give effect to the decision as indicated by my reasons today. (5) Grant liberty to the appellant to apply to vary the orders if the parties cannot agree upon a proper level of compensation to be paid by the respondent to the appellant for use of the reception lot pending determination of the appeal, within 14 days. Catchwords: APPEAL – stay pending appeal – concurrent proceedings in Supreme Court – strata scheme Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Bentran v Sabbarton [2014] NSWCATAP 37 Cooper v The Owners – Strata Plan No.58068 [2020] NSWCA 250 New South Wales Bar Association v Stevens [2003] NSWCA 95 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Texts Cited: None cited Category: Procedural rulings Parties: Sunaust Properties Pty Ltd (Appellant) The Owners - Strata Plan No 64807 (Respondent) Representation: Solicitors: MC Lawyers (Appellant) DEA Lawyers (Respondent) File Number(s): 2022/00035175 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 January 2022 Before: G Ellis, Senior Member File Number(s): SC 21/02639