The Owners – Strata Plan No 95230 v Maister [2022] NSWCATAP 390

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 95230 v Maister [2022] NSWCATAP 390 Hearing dates: 18 November 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) Order 7 made by the Tribunal at first instance is stayed until further order or finalisation of the appeal, whichever is the earlier in time. (2) The Application for a Stay is otherwise dismissed. (3) Any party or parties seeking an order for costs of the application for a stay are to lodge and serve an application for same in the form of an Application for Miscellaneous Matters, supported by submissions and evidence in support of the costs application, within 14 days of the publication of these orders. In the absence of any application, I will not make any order about costs, leaving the costs of the stay to be considered costs of the proceedings. (4) Any submissions and evidence in response to the costs application are to be lodged with the Appeal Registry and given to the costs applicant(s) 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 – application for stay – need to establish real risk of irreparable prejudice or damage before balance of convenience considered – cross-examination in interlocutory proceedings before Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Bentran v Sabbarton [2014] NSWCATAP 37 Blatch v. Archer (1774) 1 Cowp. 63 In the matter of Sunnyside Bettoni Pty Ltd [2020] NSWSC 1891 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Matthews v SPI Electricity Pty Ltd [2013] VSC 422 MW v Director-General, Department of Community Services [2008] HCA 12 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 PG Nominees Pty Ltd v WBHO Infrastructure Pty Ltd [2020] VSC 48 Ren v Giang [2014] NSWCA 1 Silberstein v Strata Choice Pty Ltd [2022] NSWCATAP 249 The Owners - Strata Plan No 70798 v Bakkante Constructions Pty Limited [2013] NSWSC 848 Texts Cited: None cited Category: Procedural rulings Parties: The Owners – Strata Plan 95230 (Appellant) Stacey Maister (First Respondent) Terry Maister (Second Respondent) Debby-Lee Maister (Third respondent) Representation: Solicitors: Bannermans Lawyers (Appellant) JS Mueller & Co Lawyers (Respondents) File Number(s): 2022/00333593 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Cited Date of Decision: 10 October 2022 Before: G Burton SC, Senior Member File Number(s): SC 21/37812