Lenux v The Owners – Strata Plan No. 88786 [2023] NSWCATAP 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lenux v The Owners – Strata Plan No. 88786 [2023] NSWCATAP 38 Hearing dates: 7 February 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member A Balla ADCJ, Principal Member Decision: (1) The time for the filing of the Notice of Appeal is extended to 1 December 2022. (2) Leave to appeal is refused; (3) The appeal is dismissed. (4) Within 14 days of the date of these orders the Owners Corporation is to is to lodge with the Appeal Registry and give to Mr Lenux submissions in relation to any order for costs and to also address the issue as to whether there is an objection to the costs decision being determined on the papers. (5) Within 28 days of the date of these orders Mr Lenux is to is to lodge with the Appeal Registry and give to the Owners Corporations written submissions in relation to the question of costs and address the issue as to whether there is any objection to the costs decision being determined on the papers. Catchwords: APPEAL – appeal lodged out of time - from decision in Consumer and Commercial Division - no question of law or basis for a grant of leave Legislation Cited: Civil and Administrative Tribunal Act 2013, ss 36, 41, 80, Sch 4 Strata Schemes Management Act 2015, ss 108 - 100 Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c). Cases Cited: Bauskis v Liew [2013] NSWCA 297 Baxter Healthcare Pty Limited v Comptroller-General of Customs [1997] FCA 131 BCL v NSW Trustee and Guardian [2014] NSWCATAP 18 Collins v Urban [2014] NSWCATAP 17 Copperart Pty Ltd v Commissioner of Taxation (1994) 50 FCR 345 Driclad Pty Ltd v Commissioner of Taxation (Cth) [1968] HCA 91 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Landsal Pty Ltd (In liq) v REI Building Society [1993] FCA 121; Marsden & Winch (Costs) [2008] FamCAFC 32 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Metwally v University of Wollongong (1985) 59 ALJR 481; [1985] HCA 28 Mielczarek v Commissioner of Fair Trading [2016] NSWCATAP 217 Miller v Harrington [2008] FamCAFC 150 Prendergast v Western Murray Irrigation Ltd [2004] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 Yuen v Thom [2016] NSWCATAP 243 ZNX v ZNY [2020] NSWCATAP 41 Texts Cited: None Cited Category: Principal judgment Parties: Kevin Lenux (Appellant) The Owners – Strata Plan No. 88786 (Respondent) Representation: Solicitors: Appellant (self-represented) Strata Specialist Lawyers (Respondent) File Number(s): 2022/00362335 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 1 November 2022 Before: J A Ringrose File Number(s): SC22/21291