Sunaust Properties Pty Ltd v The Owners SP no 64807 (No 2) [2022] NSWCATAP 335

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sunaust Properties Pty Ltd v The Owners SP no 64807 (No 2) [2022] NSWCATAP 335 Hearing dates: On the papers Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President I Coleman SC ADCJ, Principal Member Decision: 1. The Respondent's application under s63 is determined on the papers and a hearing is dispensed with. 2. The Respondent's application under s63 is upheld and directions are made for the Registrar to publish these reasons to be read in conjunction with the reasons published on 27th July 2022. 3. Orders 1, 2 and 3 made on 27th July 2022 are affirmed. 4. If either party seeks costs (either in respect of the appeal or in respect of the first instance proceedings, the party seeking costs must file and serve written submissions within 21 days of the date hereof in support of such application. 5. Within 21 days thereafter the other party must file and serve written submissions in response to the submissions received. 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. 7. The order staying the operation of order 3 made 27th July 2022 pending further order is lifted. Catchwords: APPEAL- slip rule-s63 of the Civil & Administrative Tribunal Act- whether grounds one and two of appeal not considered was an omission – whether the grounds of appeal not considered should be considered- whether a caretaker agreement predating the 2002 amendments to the strata legislation may be terminated under s72 of the current strata legislation introduced in 2016 Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 Strata Schemes Amendment Act 2002 Strata Schemes Management Act 1996(NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Australian City Properties Management Pty Ltd v The Owners – Strata Plan no 65111 [2021] NSWCA 162 Bruce v Knight (No 3) [2001] NSWCATAP 343 Texts Cited: Nil Category: Principal judgment Parties: Sunaust Properties Pty Ltd (Appellant) The Owners Strata Plan no 64807 (Respondent) Representation: Counsel: E Young (Appellant) R Gration (Respondent)