Sunaust Properties Pty Ltd v The Owners – Strata Plan No 64807 [2022] NSWCATAP 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sunaust Properties Pty Ltd v The Owners – Strata Plan No 64807 [2022] NSWCATAP 246 Hearing dates: 9 June 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President I Coleman SC ADCJ, Principal Member Decision: (1) Appeal upheld. (2) Orders 1 to 4 inclusive made on 17 January 2022 in SC 21/02639 are set aside. (3) Application SC21/02639 is remitted to the Consumer and Commercial Division for further orders. (4) If the Appellant seeks costs (either in respect of the appeal or in respect of the first instance proceedings), the Appellant must file and serve written submissions within 21 days of the date hereof in support of such application. (5) Within 21 days thereafter, the Respondent must file and serve written submissions in response to the Appellant's submissions. (6) The submissions of the parties should address the question of whether the Tribunal may determine costs on the papers and make an order dispensing with a further hearing. Catchwords: APPEAL - proceedings commenced in the Supreme Court prior to commencement of tribunal proceedings - whether cl5(7) of schedule 4 of the Civil and Administrative Tribunal Act precluded the tribunal from having jurisdiction to determine relevant issues - whether an issue for determination before the tribunal was the subject of dispute before the Supreme Court - whether there is a risk of concurrent and inconsistent findings being made in the tribunal and the Supreme Court. Legislation Cited: Strata Schemes Management Act 2015 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Civil & Administrative Tribunal Rules 2014 Cases Cited: Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Ltd [2015] NSWSC 289 Owners Corporation SP 64807 v BCS Strata Management Pty Ltd [2020] NSWSC 1040 Texts Cited: None cited Category: Principal judgment Parties: Sunaust Properties Pty Ltd (Appellant) The Owners - Strata Plan No 64807 (Respondent) Representation: Counsel: E Young (Appellant) R Gration (Respondent)