Hill v The Owners - Strata Plan No 16519 [2022] NSWCATAP 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hill v The Owners - Strata Plan No 16519 [2022] NSWCATAP 234 Hearing dates: 20 June 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: (1) To the extent that it is necessary time for lodgment of the notice of appeal is extended to 27 January 2022. (2) The appeal against the decision of the Tribunal made on 21 December 2021 is dismissed. (3) The appeal against the decision of the Tribunal made on 14 March 2022 is dismissed. (4) The application of the respondent that the appellant pays its costs of and incidental to the appeal is dismissed. Catchwords: APPEALS — constructive failure to exercise jurisdiction APPEALS — Procedure — Time limits — Extension of time – application granted COSTS – appeal from exercise of discretion in finding special circumstances to make award for costs - appeal dismissed COSTS – application that the appellant pay the respondent's costs of the appeal – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 50, 60, 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Strata Schemes Management Act 2015 (NSW), ss 4, 178, 182, 188, 226, 232, 251, 261 Cases Cited: BDK v Department of Education and Communities [2015] NSWCATAP 129 Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 Cominos v Di Rico [2016] NSWCATAP 5 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 House v R (1936) 55 CLR 499; [1936] HCA 40 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nelson v The Owners – Strata Plan No.49504; The Owners – Strata Plan No.49504 v Nelson [2020] NSWCATAP 194 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 The Owners - Strata Plan No. 47027 v Peter Clisdell Pty Ltd (No 2) [2018] NSWCATAP 46 Walker v The Owners - Strata Plan No 1992 [2020] NSWCATAP 192 Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: None cited Category: Principal judgment Parties: Penelope Louise Hill (Appellant) The Owners - Strata Plan No 16519 (Respondent) Representation: Solicitors: Appellant (Self-represented) Strata Title Lawyers (Respondent) File Number(s): 2022/00025115 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 21 December 2021; 14 March 2022 Before: J Ringrose, General Member File Number(s): SC 21/07543