de Tarle v Newland [2022] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: de Tarle v Newland [2022] NSWCATAP 148 Hearing dates: On the papers Date of orders: 9 May 2022 Decision date: 09 May 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member P H Molony, Senior Member Decision: (1) Time is extended pursuant to s 41 of the Civil and Administrative Tribunal Act 2014 to allow the appellant to lodge this appeal on 10 December 2021. (2) Appeal allowed. (3) Orders 2 and 3 made on 11 November 2021 in SC 21/27790 are set aside. (4) The appellant shall file and serve by no later than 31 May 2022 his submissions in reply on the issue of costs (limited to 5 pages plus material attachments) in the proceedings on file number SC21/27790. (5) The Appeal Panel will then re-determine the appealed decision without a hearing, on the basis of the written submissions provided. Catchwords: APPEAL – procedural fairness – insufficient time given for party to file submission in reply on issue of costs – appeal allowed – costs issue to be re-determined by Appeal Panel Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None Category: Principal judgment Parties: Benoit de Tarle (Appellant) Jan Newland (First Respondent) The Owners – Strata Plan No 576 (Second Respondent) Representation: Appellant (Self Represented) First Respondent (Self Represented.) Darren Ford (Strata Manager) (Second Respondent) File Number(s): 2021/00350892 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 11 November 2021 Before: S Hennings, General Member File Number(s): SC 21/27790