The Owners – Strata Plan No 2341 v P & M Sachs Pty Ltd [2022] NSWCATAP 304

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 2341 v P & M Sachs Pty Ltd [2022] NSWCATAP 304 Hearing dates: 5 July 2022 Date of orders: 19 September 2022 Decision date: 19 September 2022 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member D Charles, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The respondent may, within 14 days of the date of publication of these reasons, file and serve submissions, not exceeding three pages, concerning the question whether there are special circumstances warranting an order for costs in respect of the appeal. (4) The appellant may file and serve submissions not exceeding three pages in response to any such submissions within a further 14 days. (5) Any submissions filed in accordance with orders 3 and 4 should address the issue whether the question of costs can be determined on the basis of the written submissions and without a further hearing. (6) If the respondent does not file submissions in accordance with order 3 there will be no order in relation to the costs of the appeal. Catchwords: LAND LAW – Strata titles – Common Property – Maintenance and repair of common property – Claim by lot owner for compensation pursuant to s 106(5) Strata Schemes Management Act 2015 (NSW) APPEAL – Procedural fairness – Treasurer of owners corporation refused leave to represent the owners corporation until he produced evidence of authority – Whether refusal of leave could have affected the outcome of the proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Rules 2014 (NSW) Evidence Act 1995 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Collins v Urban [2014] NSWCATAP 17 Cominos v di Rico [2016] NSWCATAP 5 Italiano v Carbone [2005] NSWCA 177 Jackson v NK Tiling Pty Ltd [2017] NSWCATAP 106 Lubrano v Proprietors Strata Plan No 4038 (1993) 6 BPR 97,457 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Russo v Brack [2016] NSWCATAP 261 Stead v State Government Insurance Commission (1986) 161 CLR 141 Yao v Minister for Immigration and Border Protection (2014) 140 ALD 21; [2014] FCAFC 17 Category: Principal judgment Parties: The Owners – Strata Plan No 2341 (Appellant) P & M Sachs Pty Ltd (Respondent) Representation: Counsel: T Davie (Respondent)