Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77 Hearing dates: 17 January and 21 February 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Appeal Panel Before: I Coleman SC ADCJ, Principal Member D Fairlie, Senior Member Decision: (1) The appeal is dismissed. (2) Any party seeking an order for costs shall file written submissions not exceeding 5 pages in length within 7 days identifying the basis upon which such order is sought and any submissions in opposition to the application for costs being determined on the papers and without an oral hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (3) Any party resisting an application for costs shall file written submissions in opposition to such application not exceeding 5 pages in length within 14 days and any submissions in opposition to the application for costs being determined on the papers and without an oral hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: STRATA TITLES- access to CCTV footage - application of s 180 and 182 of the Strata Schemes Management Act 2015 - jurisdiction of the Appeal Panel to give an advisory opinion or grant declaratory relief Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Development Act 2015 Strata Schemes Management Act 2015 Supreme Court Act 1970 Surveillance Devices Act 2007 Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 195 CLR 56 Bass v Perpetual Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334 Multiplex Ltd v Qantas Airways Ltd [2006] QCA 337 Re Barrow [2017] HCA 47 Category: Principal judgment Parties: Benoit De Tarle - Appellant The Owners Corporation Strata Plan 576 - Respondent Representation: Appellant self-represented Respondent self-represented through a Strata Committee Member File Number(s): 2021/302754 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 September 2021 Before: G Ellis SC, Senior Member File Number(s): SC21/22660