Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2022] NSWCATCD 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2022] NSWCATCD 213 Hearing dates: 9 November 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. The application is dismissed. 2. In the event that a party wishes to bring a costs application, such application must be lodged in the Tribunal and served on/given to the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 3. The costs respondent will have 14 days after the date it receives the application to lodge in the Tribunal and serve on/give to the costs applicant its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 4. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 5. Subject to the parties' submissions, the Tribunal will determine any costs application made on the basis of the papers lodged in the Tribunal. Catchwords: LAND LAW – Strata titles – Section 106(6) of the Strata Schemes Management Act 2015 – Applicability of s41 of the Civil and Administrative Tribunal Act 2013 to s106(6) Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Home Building Act 1989 Residential (Land Lease) Communities Act 2013 Cases Cited: Boutenko v The Owners-Strata Plan No 77480 (unreported) Maher v The Pines Resort Management Pty Ltd T/as Gateway Lifestyle The Pines; Marsh v The Pines Resort Management Pty Ltd T/as Gateway Lifestyle The Pines [2018] NSWCATCD 35 S & G Homes Pty Ltd t/as Pavilion Homes v Owen [2015] NSWCATAP 190 Tezel v The Owners - Strata Plan No 74232 [2022] NSWCATAP 149 Category: Principal judgment Parties: Hua Nan Trading Pty Ltd: applicant The Owners – Strata Plan No 32396: respondent Representation: Counsel: Mr N. Simone for the respondent