Silberstein v Strata Choice Pty Ltd & Hecker Australia Pty Ltd [2022] NSWCATAP 375

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Silberstein v Strata Choice Pty Ltd & Hecker Australia Pty Ltd [2022] NSWCATAP 375 Hearing dates: 2 November 2022 Date of orders: 5 December 2022 Decision date: 05 December 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member R Dubler SC, Senior Member Decision: 1. Leave to appeal is granted. 2. The appeal is allowed. 3. The orders made by the Tribunal on 20 May 2022 and 23 September 2022 are set aside. 4. The appellant's costs of the summary dismissal application determined by the Tribunal on 20 May 2022 are to be paid by the first and second respondents. 5. The appellant's costs of the appeal are to be paid by the first and second respondents. Catchwords: LAND LAW-strata title scheme dispute-claims by lot owner in negligence against strata managing agent and the building manager-whether the Tribunal has jurisdiction and power to order damages in such a dispute-interpretation of s 232 of the Strata Schemes Management Act 2015 (NSW). APPEALS – leave to appeal-important question concerning jurisdiction and power of the Tribunal-error of law. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW). Strata Schemes Management Act 1996 (NSW) Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Coscuez International Pty Ltd v The Owners-Strata Plan No 46433 [2022] NSWCATAP 147 Ritson v Commissioner of Police [2022] NSWCATAP 223 The Owners-Strata Plan No at 80412 v Pullicin; The Owners Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 Vickery v The Owners Strata Plan No 80412 [2020] NSWCA 284 Category: Principal judgment Parties: Jessica Silberstein (Appellant) Strata Choice Pty Ltd (First Respondent) Hecker Australia Pty Ltd (Second Respondent) The Owners Strata Plan 55468 (Third Respondent) Michael Adamo (Fourth Respondent) Peter Michal Hans Engelbert (Fifth Respondent) William Paul O'Brien (Sixth Respondent) Matthew Terence Gagen (Seventh Respondent) Representation: Counsel: P Afshar & R Clark (Appellant)