The Owners-Strata Plan No 79633 v Graorovska [2022] NSWCATAP 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No 79633 v Graorovska [2022] NSWCATAP 152 Hearing dates: 28 February 2022 Date of orders: 11 May 2022 Decision date: 11 May 2022 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member D Ziegler, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeals are dismissed. 3. Stay orders of the Appeal Panel dated 17 December 2021 and 27 January 2022 are lifted. 4. Order 2 of the Tribunal dated 29 October 2021 in Matter SC 21/19101 is varied to extend the time for compliance to 3 months from the date of this decision. 5. If there is a costs application, the costs applicant is to file and serve submissions and documents on the costs application by 14 days from the date of this decision. 6. The costs respondent is to file and serve submissions and documents on the costs application by 28 days from the date of this decision. 7. The costs applicant is to file and serve costs submissions in reply from 35 days from the date of this decision. 8. The costs submissions of the parties are to state whether the parties seek an oral hearing on the issue of costs, or consent to the costs application being determined on the papers in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). 9. The Appeal Panel may determine it appropriate to deal with any costs application on the papers and without a further oral hearing. 10. Either party may apply to the Appeal Panel in writing to vary or extend the timetable for costs submissions. 11. If no application for costs is made in accordance with these orders, there is no order as to costs with the intention that each party pay its own costs of the Appeal. Catchwords: LAND LAW---Strata title---Conduct of hearing---Excessive judicial intervention---Denial of procedural fairness---Applicable principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW). Strata Schemes Management Act 2015 (NSW) Cases Cited: Ah Sam v Mortimer [2021] NSWCA 327 Australian Securities and Investments Commission v GetSwift Pty Ltd [2020] FCA 504 Fabcot Pty Ltd v Glen Eira CC [2020] VCAT 957 Galea v Galea (1990) 19 NSWLR 263 Gambaro v Mobycom Mobile Pty Ltd [2019] FCAFC 144 Garofali v Moshkovich [2021] NSWCATAP Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 42 Italiano v Carbone & Ors [2005] NSWCA 177 Macionis v Franklin [2021] NSWCATAP 367 Manly Fast Ferry Pty Ltd v Wehbe [2021] NSWCA 67 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Paraiso v CBS Build Pty Ltd [2020] NSWSC 190 Royal Guardian Mortgage Management Pty Ltd v Nguyen [2016] NSWCA 88 Sanson v Sanson [2021] NSWSC 417 Seiwa Pty Ltd v The Owners-Strata Plan 35042 [2006] NSWSC 115 Sullivan v Department of Transport [1978] FCA 48; (1978) 20 ALR 323 Wootten v Godfrey [2019] NSWCATAP 255 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Charisteas v Charisteas [2021] HCA 29 LMA Contractors Limited v Changizi [2017] NSWCATAP 145 Texts Cited: Nil Category: Principal judgment Parties: The Owners-Strata Plan No 79633 (Appellant) Violeta Graorovska (Respondent) Representation: Solicitors: Bannermans Lawyers (Appellant) PBL Law Group (Respondent) File Number(s): 2021/00338769; 2021/00365972 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 29 October 2021 Before: G. Ellis SC, Senior Member File Number(s): SC 21/15634; SC 21/19101