Cheung v Talal [2022] NSWCATAP 352

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cheung v Talal [2022] NSWCATAP 352 Hearing dates: 27 September 2022 Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P H Molony, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) Orders numbers 1 and 2 made by the Tribunal on 8 June 2022 with respect to file number SC21/44169 and stayed on 8 August 2022, are revived, with the dates for the actions ordered to be performed in both paragraphs extended to 20 December 2022. Catchwords: APPEAL – application to admit further evidence refused – leave to appeal refused – service by post of notice of hearing on party sufficient – no obligation on Tribunal to serve notice of hearing by email - no denial of procedural fairness by proceeding with hearing when absent party served by post - no error on a question of law. LAND LAW – Strata titles – noise and vibration affecting lots below – acoustic standard established by By-laws discussed - lot owner's evidence of subjective experience of noise and vibration corroborated by expert reports – orders made for rectification. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Protection of the Environment Operations Act 1997 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Bartel v Ryan [2018] NSWCATAP 231 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Coulton v Holcombe [1986] HCA 33 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Elsayed v Tassone [2022] NSWCATAP 69 Hogan v Stebnicki [2022] NSWCATCD 63 Felcher v The Owners Strata Plan 2738 [2017] NSWCATAP 219 O'Brien v. Komesaroff (1982) 150 CLR 310 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Zhang v Glykis [2020] NSWCATCD 17 Texts Cited: None Category: Principal judgment Parties: Sau Keng Cheung (Appellant) Gulia Talal (Respondent) Representation: John Toh (Agent) (Appellant) Respondent (Self-represented) File Number(s): 2022/00197069 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 June 2022 Before: D, Moujali, Senior Member File Number(s): SC 21/44169