Profitability Consulting Pty Ltd v High Country Group (Australia) Pty Ltd [2023] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Profitability Consulting Pty Ltd v High Country Group (Australia) Pty Ltd [2023] NSWCATAP 4 Hearing dates: 9 December 2022 Date of orders: 05 January 2023 Decision date: 05 January 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) The application for a stay is dismissed. (2) 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, with submissions and evidence in support of the costs application, within 14 days of the publication of this decision. 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. (3) Any submissions and evidence in response to the costs application(s) are to be lodged with the Appeal Registry and given to the costs applicant(s) within 14 days thereafter. (4) Submissions on the application for costs are not to exceed five pages in length. (5) 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 a Stay of compulsory appointment of strata manager – standing of non-parties at first instance to bring appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Property and Stock Agents Regulation 2022 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Bentran v Sabbarton [2014] NSWCATAP 37 Keevers v Sarraf Property Group Pty Ltd [2022] NSWSC 1017 Kurt Keller Pty Ltd & Ors v BMW Australia Ltd & Ors (1984) NSWLR 353 New South Wales Bar Association v Stevens [2003] NSWCA 95 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited; Forbidden Foods Pty Limited v Rice Marketing Board for the State of New South Wales [2020] NSWCATAP 182 The Owners – Strata Plan No 2010 v Kahn [2022] NSWCATAP 9 Silberstein v Strata Choice Pty Ltd [2022] NSWCATAP 249 The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130 The Owners – Strata Plan No 2010 v Kahn [2022] NSWCATAP 9 The Owners – Strata Plan No 79749 v Dunstan [2022] NSWCATAP 262 The Owners – Strata Plan No 95230 v Maister [2022] NSWCATAP 390 Texts Cited: None cited Category: Procedural rulings Parties: Profitability Consulting Pty Ltd (Appellant) High Country Group (Australia) Pty Ltd (First Respondent) The Owners – Strata Plan No 18797 (Second Respondent) Representation: Counsel: F Di Lizia (Appellant)