The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1 Hearing dates: 2 December 2022 Date of orders: 13 January 2023 Decision date: 13 January 2023 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President Decision: 1. The penalty of $3,850.00, imposed by order 1 made 9 September 2022, is to be paid to The Commissioner of Fair Trading, Department of Finance, Services and Innovation immediately. 2. The stay provided by order 2 made 9 September 2022 is dissolved. 3. The respondent is to pay the applicant the amount of $2,430.80 for costs of these proceedings, such amount payable immediately. Catchwords: LAND LAW – Strata title – Civil Penalty – contravention of Tribunal order – s 247A Strata Schemes Management Act 2015 – person entitled to receive payment of civil penalty – power of Tribunal to direct to whom penalty should be paid – relevant considerations in deciding recipient of civil penalty COSTS – award of costs in penalty proceedings – costs of strata managing agent appearing before Tribunal – costs of expert report where evidence rejected – lump sum award Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fines Act 1996 (NSW) Interpretation Act 1987 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 Commissioner of Police v Robinson (No 2) [2022] NSWCATAP 280 Dunkel v Commissioner of Taxation (1990) 27 FCR 524 Johns v Connor (1992) 35 FCR 1 Project Blue Sky Inc & Ors v Australian Broadcasting Authority (1998) 194 CLR 35; HCA 28 The Commonwealth v Director, Fair Work Building Industry Inspectorate 258 CLR 482; [2015] HCA 46 The Owners- Strata Plan No 11318 v HH Dening No 2 Pty Ltd (Strata Communities Scheme) [2002] NSWCTTT 625 The Owners – Strata Plan No 16619 v Enright [1999] NSWSSB 22 The Owners – Strata Plan No. 61285 v Taylor [2022] NSWCATCD 48 The Owners – Strata Plan No. 61285 v Taylor (No. 2) [2022] NSWCATCD 118 The Owners – Strata Plan No 82306 v Anderson [2017] NSWCATCD 85 Transport Workers' Union of New South Wales v Australian Industrial Relations Commission (2008) 166 FCR 108 Westbury v The Owners – Strata Plan No 64061 [2021] NSWCATEN 3 Transport Workers' Union of New South Wales v Australian Industrial Relations Commission (2008) 166 FCR 108 Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 Texts Cited: D Pearce, Statutory Interpretation in Australia (2019, 9th ed, Lexis-Nexis Butterworths) Category: Principal judgment Parties: Applicant: The Owners – Strata Plan No. 61285 First Respondent: Cameron Taylor Second respondent/Intervenor: The Commissioner of Fair Trading, Department of Finance, Services and Innovation Representation: J McGrath, Strata Agent (Applicant) No appearance by First Respondent H Morgan, Crown Solicitor (Second respondent/Intervenor) File Number(s): SC 21/47527