Lynne Maree Worral v The Owners - Strata Plan No. 43357 [2022] NSWCATAP 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lynne Maree Worral v The Owners - Strata Plan No. 43357 [2022] NSWCATAP 104 Hearing dates: 3 March 2022 Date of orders: 07 April 2022 Decision date: 07 April 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member D Ziegler, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The stay of orders 6, 7 and 8 made on 16 September 2021 is lifted. (4) If the Respondent seeks costs of the appeal, it must file and serve submissions in support of such application within 14 days of today's date. (5) Within 14 days thereafter, the Appellant may file and serve submissions in response to any submissions of the Respondent concerning costs of the appeal. (6) The submissions of the parties should include a submission as to whether the Appeal Panel may dispense with a hearing on costs and determine costs of the appeal on the papers. Catchwords: STRATA – common property memorandum – interpretation of by-laws Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Federal Court of Australia Act 1976 (Cth) Strata Schemes Management Act 2015 (NSW) Strata Titles Act 1973 (NSW) Cases Cited: Capcelea v The Owners - Strata Plan Number 48887 [2019] NSWCATCD 27 Colchester v Peck (1926) 2 KB 366 Lauron v Michael [2021] NSWCATAP 120 Lawless v The Queen (1979) HCA 49; (1979) 142 CLR 659 Minister for Immigration and Multicultural Affairs v Madafferi [2001] FCA 250 (2001) 106 FCR 76 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 Stolfa v Hempton [2010] NSWCA 218 The Owners of Strata Plan Number 3397 v Tate [2007] NSWCA 70 [2007] NSWLR 344 The Owners Strata Plan Number 2245 v Veney [2020] NSWSC 134 Timmons v Timmons (1919) P75 Category: Principal judgment Parties: Lynne Maree Worral (Appellant) The Owners - Strata Plan Number 43357 (Respondent) Representation: Counsel: A Munro (Respondent)