The Owners – Strata Plan No 62713 v Liberant [2022] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 62713 v Liberant [2022] NSWCATAP 80 Hearing dates: 11 March 2021 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Curtin SC, Senior Member Decision: (1) The time to file the appeal is extended to 23 March 2020. (2) Leave is given to file the Further Amended Notice of Appeal dated 5 February 2021. (3) Appeal dismissed. (4) Subject to order 5, the appellant is to pay the respondent's costs of the appeal as agreed or assessed on an ordinary basis. (5) Liberty to apply in respect of whether a costs order different to order 4 should be made, any application and submissions to be filed and served within 14 days of the date of these orders. Catchwords: LAND LAW – Strata titles – Strata Schemes Management Act – breach of duty to repair and maintain common property – claim for damages – time to commence proceedings – first aware of the loss suffered – levy of owners in respect of damages award and costs payable to successful lot owner by an unsuccessful owners corporation – power of Tribunal to make an order to adjust levies to exclude successful lot owner from obligation to contribute Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Limitation Act 1969 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Act 1996 (NSW) (repealed) Cases Cited: Airey v Airey [1958] 2 QB 300 Australian Iron & Steel Ltd v Hoogland [1962] HCA 13; (1962) 108 CLR 471 Commonwealth Insurance v Hagias [2008] SADC 93 Maxwell v Murphy (1957) 96 CLR 261 Raftland Pty Ltd as Trustee for Raftland Trust v Commissioner of Taxation [2008] HCA 21; (2008) 238 CLR 516 Serrao v Noel (1885) LR 15 QBD 549 Shih v The Owners Strata Plan No. 87879 [2019] NSWCATAP 263 Shin Kobe Maru" v Empire Shipping Inc [1994] HCA 54; (1994) 181 CLR 404 Somander v Minister for Immigration [2000] FCA (2000) 178 ALR 677 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015 NSWSC 289 The Owners - Strata Plan No. 30621 v Shum [2018] NSWCATAP 15 The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 The Owners –Strata Plan 74835 v Pullicin; The Owners – Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 Port of Melbourne v Anshun (1981) 147 CLR 589 Ramsay v Pigram (1968) 118 CLR 271 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 The Owners – Strata Plan No 80412 v Vickery [2021] NSWCATAP 98 Trawl Industries of Australia Ply Limited (In liquidation) v Effem Foods Pty Limited (1992) 36 FCR 406 Vickery v The Owners – Strata Plan 80412 [2020] NSWCA 284 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No. 627136 (Appellant) Assaf Samuel Aaron Liberant (Respondent) Representation: Counsel: D Feller SC & M Dawson (Appellant)