The Owners – Strata Plan No. 18229 v Jakabah Pty Ltd [2022] NSWCATAP 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 18229 v Jakabah Pty Ltd [2022] NSWCATAP 229 Hearing dates: 15 June 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Appeal Panel Before: D Charles, Senior Member D Ziegler, Senior Member Decision: 1. To the extent leave is required, leave to appeal is refused. 2. Appeal dismissed. 3. The stay order made on 13 April 2022 is lifted. 4. If any party desires to make an application for its costs of the appeal: a. that party is to so inform the other party within 14 days of the date of these reasons. b. the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs' application any written submissions of no more than five pages on or before 14 days from the date of these reasons. c. the respondent to any costs' application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons. d. any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons. e. the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs' application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: STRATA – proposed change of use of commercial lots - consent to lodgement of development application affecting common property – proper exercise of Tribunal's discretion under s 232(6) of the Strata Schemes Management Act 2015 - no error on a question of law – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Strata Schemes Management Act 2015 NSW Civil and Administrative Tribunal Rules 2014 NSW Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Collins v Urban [2014] NSWCATAP 17 Orr v Cobar Management Pty Limited [2020] NSWCCA 220 Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142 Ainsworth v Albrecht [2016] HCA 40; (2016) 261 CLR 167 Texts Cited: None cited Category: Principal judgment Parties: The Owners – Strata Plan No. 18229 (Appellant) Jakabah Pty Ltd (Respondent) Representation: Counsel: J Ireland QC (Appellant) A Cornish (Respondent)