The Owners – Strata Plan No 20427 v A Halliwell Nominees Pty Ltd [2022] NSWCATAP 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 20427 v A Halliwell Nominees Pty Ltd [2022] NSWCATAP 225 Hearing dates: 24 August 2021 Date of orders: 08 July 2022 Decision date: 08 July 2022 Jurisdiction: Appeal Panel Before: T Simon, Principal Member D Robertson, Senior Member Decision: 1 The appeal is allowed in part. 2 Order 1(3) made by the Tribunal in proceedings SC 20/06967 on 5 March 2021 is set aside. 3 Leave to appeal is refused. 4 The appeal is otherwise dismissed. 5 If either party seeks a costs order in relation to the appeal, the following directions apply: (a) The applicant for costs (costs applicant) must file and serve any application within 7 days after these orders. (b) The respondent to the costs application must file and serve evidence and submissions in response 14 days from the date of these orders. (c) The costs applicant must file and serve any submissions in reply within 21 days from the date of these orders. (d) Submissions must include submissions concerning whether an order should be made under s 50(2) of the Civil and Administrative Tribunal Act, 2013 dispensing with a hearing. Catchwords: STRATA TITLE – common property by law – Unauthorised works - whether unauthorised works by lot owners altering common property should be ordered to be removed APPEAL – question of law – relevant and irrelevant considerations – no evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Environmental Planning & Assessment Act 1979 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Development Act 2015 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 House v The King (1936) 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 McDonnell v The Owners Strata Plan No 64191 [2019] NSWCATAP 172 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Owners Corporation - Strata Plan 22607 v Yang [2018] NSWCATCD 3. Pollak v OC SP 54298 [2013] NSWCTTT 334 The Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 The Owners - Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202 The Owners - Strata Plan No 64191 v Peter McDonnell & Ors, NCAT File No. SC 18/39119, 20 March 2019 Texts Cited: None cited Category: Principal judgment Parties: The Owners – Strata Plan No 20427 (appellant)