Benson v The Owners, Strata Plan No 17676 [2022] NSWCATAP 348

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Benson v The Owners, Strata Plan No 17676 [2022] NSWCATAP 348 Hearing dates: 6 October 2022 Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Appeal Panel Before: D Charles, Senior Member J S Currie, Senior Member Decision: (1) The appeal is dismissed. (2) If either party seeks an order for the costs of the appeal that party (the Costs Applicant) must give to the Tribunal and the other party (the Costs Respondent) that application and any supporting submissions within 21 days of the date of these orders. (3) The Costs Respondent must give the Tribunal and the Costs Applicant any submissions in response to the costs application within 21 days of receiving the costs application. (4) Each party's submissions should address the issue of whether the Appeal Panel should dispense with a further hearing in respect of costs and proceed by determining the costs of the appeal on the papers. (5) The order staying the operation of Order 1 in matter number 21/35861 is continued until finalisation of the appeal. Catchwords: APPEALS- Error of law- failure to engage with Appellant's case- adequacy of reasons for decision. LAND LAW- Strata title- Owners' corporation – Powers - functions of owners corporation - changes to common property- rooftop fencing - validity of resolution- entitlement of owners' corporation and its agents - invitees to access to affected lot. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW Strata Schemes Management Act 2015 (NSW) Cases Cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 Capcelea v The Owners Strata Plan 48887 [2019] NSWCATCD 27 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187 Dranichnikov v Minister for Immigration and Multicultural Affairs [1003] HCA 26; (2003) 77 ALJR 389 Elias v Federal Commissioner of Taxation [2002] FCA 845; (2002) 123 FCR 499 Marinko v The Owners Strata Plan No 7596 [2022] NSWCATAP 187 Minister for Immigration and Multicultural Affairs v Khaadgi [2010] FCAFC 145; (2010) 190 FCR 248 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SZRLO v Minister for Immigration and Multicultural Affairs [2013] FCA 825 Weal v Bathurst City Council & Anor [2000] NSWCA 88 Texts Cited: Robinson and Lucy "NCAT Practice and Procedure" (2nd edition, 2020) Sackville "The Evolution of the duty of decision-makers to give reasons" (2016) 23 AJ Admin L 128 Category: Principal judgment Parties: Georgette Benson (Appellant) The Owners, Strata Plan No. 17676 (Respondent) Representation: Counsel: Nil