The Owners – Strata Plan No. 61285 v Taylor [2022] NSWCATCD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 61285 v Taylor [2022] NSWCATCD 48 Hearing dates: 17 May 2022 Date of orders: 19 May 2022 Decision date: 19 May 2022 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President Decision: 1. On or before 27 May 2022 the applicant is to file and serve any further evidence and submission on penalty. 2. On or before 3 June 2022, the respondent is to file and serve any submissions and evidence in reply. 3. The notation and directions in orders 8 and 9 made in these proceedings on 8 December 2021 apply to these directions. 4. The proceedings are listed for further hearing on 8 June 2022 at 1:15pm. Catchwords: LAND LAW – Strata title – Civil penalty proceedings – authority to commence proceedings – functions of strata committee – contravention of Tribunal order under Strata Schemes Management Act – availability of collateral challenge to primary order in proceedings for the imposition of a civil penalty Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Love v Attorney-General (NSW) [1990] HCA 4; (1990) CLR 307 Ousley v The Queen (1997) 192 CLR 69; [1997] HCA 49 Posner v Collector for Inter-State Destitute Persons (Vic) [1946] HCA 50; (1946) 74 CLR 461 R v Trade Practices Tribunal; Ex parte Tasmanian Breweries Pty Ltd (1970) 123 CLR 361 at 373; [1970] HCA 8 Taylor v The Owners SP No 61285 [2021] NSWCATAP 270 Westbury v The Owners – Strata Plan No 64061 [2021] NSWCATEN 3 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No. 61285 (Applicant) Cameron Taylor (Respondent) Representation: J McGrath, strata agent (Applicant) Respondent (Self-represented) File Number(s): SC 21/47527 Publication restriction: Nil