The Owners – Strata Plan No 16857 v Hyman [2022] NSWCATAP 358

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 16857 v Hyman [2022] NSWCATAP 358 Hearing dates: 28 October 2022 Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) Leave to appeal is refused. (2) The non-disclosure order in respect of the Report and stay made 28 October 2022 shall continue for a period of 14 days from the publication of this decision to the parties. (3) The respondents are to lodge submissions and evidence in support of their costs application with the Appeal Registry and give them to the appellant within 14 days of the publication of these orders. (4) Any submissions and evidence in response to the costs application are to be lodged with the Appeal Registry and given to the respondents within 14 days thereafter. (5) Submissions on the application for costs are not to exceed five pages in length. (6) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. Catchwords: APPEAL – from interlocutory order of Consumer and Commercial Division – privilege attaching to expert report – whether dominant purpose of report was draft for consultation or lodgment in the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 2015 (NSW) Cases Cited: ASIC v Hellicar [2012] HCA 1 Buzzle Operations v Apple Computer Australia [2009] NSWSC 225 Barnes v Commissioner of Taxation (Cth) [2007] FCAFC 88 Collins v Urban [2014] NSWCATAP 17 Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; (2003) 77 ALJR 1088; [2003] HCA 26 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 New Cap Reinsurance Corporation Ltd (In Liq) & 1 Or v Renaissance Reinsurance Ltd [2007] NSWSC 258 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Wainohu v New South Wales (2011) 243 CLR 181 at 215; [2011] HCA 24 Xuereb v Viola (1988) 18 NSWLR 453 Texts Cited: None cited Category: Principal judgment Parties: The Owners - Strata Plan No. 16857 (Appellant) Peter Barnett Hyman (First Respondent) Janiene Hyman ( Second Respondent) Representation: Counsel: Mr D Knoll AM (First and Second Respondent)