GS & CS Holdings Pty Ltd v The Owners – Strata Plan No. 63227 [2022] NSWCATAP 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GS & CS Holdings Pty Ltd v The Owners – Strata Plan No. 63227 [2022] NSWCATAP 206 Hearing dates: 1 March 2022 Date of orders: 22 June 2022 Decision date: 22 June 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: 1. The appeal is dismissed. 2. Any application for costs, together with evidence and submissions in support of the application, is to be filed and served within 14 days after the date of these orders. 3. Any evidence and submissions in response to an application for costs is to be filed and served within 28 days after the date of these orders. 4. Any submissions in reply are to be filed within 35 days of the date of these orders. 5. Submissions are to include submissions about whether orders should be made under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs application. Catchwords: LAND LAW – Strata Management – alleged unreasonable refusal of consent by lot owners to proposed amendment – pre-conditions to challenge of refusal – proper parties Legislation Cited: Civil and Administrative Tribunal Act 2014 (NSW) Strata Schemes Management Act 1996 (NSW) (repealed) Strata Schemes Management Act 2015 (NSW) Cases Cited: Jennifer Elizabeth James v The Owners – Strata Plan No. 11478 [No 4] [2012] NSWSC 590 Khadivzad v The Owners – Strata Plan 53457 [2019] NSWSC 157 Texts Cited: None cited Category: Principal judgment Parties: GS & CS Holdings Pty Ltd (appellant) The Owners – Strata Plan No. 63227 (respondent) Representation: Counsel: P A Horobin (Appellant) A Hopkins (Respondent)