Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315 Hearing dates: 7 March 2022 Date of orders: 30 September 2022 Decision date: 30 September 2022 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member C Fougere, Principal Member Decision: (1) The appeal is allowed. (2) Order 1 made by the Tribunal on 15 October 2021 in SC 21/18734 is set aside. (3) Proceedings SC 21/18734 are dismissed. (4) If an application for costs is made, the following orders apply: (a) The application is to be filed and served, supported by evidence and submissions not exceeding five pages in length, within 14 days of the date of these orders; (b) Evidence and submissions in response to the costs application are to be filed and served 14 days thereafter; (c) Any material in reply is to be filed and served seven days thereafter. (d) In their submissions the parties are to address whether a hearing on costs should be dispensed with and costs determined on the papers. Catchwords: APPEAL – Strata - Contributions to a special levy - power to alter contributions – ambit of order making power under s 87 and s 232(1) – effect of order varying unit entitlement Legislation Cited: Civil and Administrative Tribunal Act 2013 Environmental and Planning Regulation 2021 Environmental Planning and Assessment Act 1979 Strata Schemes Management Act 1996 Strata Schemes Management Act 2015 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Coscuez International Pty Ltd v The Owners-Strata Plan No 46433 [2022] NSWCATAP 147 Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142 EB 9 & 10 Pty Ltd v The Owners – SP 934 [2018] NSWCA 288 EB 9 & 10 Pty Ltd v The Owners – SP 934 [2018] NSWSC 546 North East Developments Pty Limited v The Owners - Strata Plan No. 53374 [2007] NSWSC 1063 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186 The Owners Strata Plan No 74698 v Jacinta Investments Pty Ltd [2021] NSWCATAP 387 The Owners-Strata Plan 62713 v Liberant [2022] NSWCATAP 80 Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCATAP 222 Vickery v The Owners-Strata Plan No 80412 [2020] NSWCA 284 Texts Cited: Nil Category: Principal judgment Parties: Quo Warranto Pty Ltd (Appellant) Jonathan Mark and Barbara Beth Goodman (First Respondents) William Theo Locke and Nicolette Jeanne Locke (Second Respondents) Strata Choice Pty Ltd (Third Respondent) The Owners – Strata Plan No. 15482 (Fourth Respondent) Michael Braham Joel and Anna Joel (Fifth Respondents) Representation: Counsel: M Forgacs (First and Second Respondents)