Szeto v The Owners - Strata Plan No 1418 [2023] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Szeto v The Owners - Strata Plan No 1418 [2023] NSWCATAP 105 Hearing dates: 3 April 2023 Date of orders: 12 April 2023 Decision date: 12 April 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: (1) The appeal is dismissed. (2) The appellants are to pay the costs of the respondent of the appeal on the ordinary basis. (3) If the respondent wishes to vary order (2) above and the parties are in agreement, then they are to file proposed consent orders with the Registry within 14 days of the date of this decision. (4) If the respondent wishes to vary order (2) above and the parties are not in agreement, then: (a) the respondent is to file and serve within 14 days of the date of this decision: (i) an application setting out the orders sought; (ii) any evidence in support which is to be by affidavit; (iii) written submissions in support which are not to exceed three pages and are to address the questions of whether the Appeal Panel should entertain the application and whether a hearing should be dispensed with; (b) the appellants are to file and serve within 28 days of the date of this decision: (i) any evidence in opposition which is to be by affidavit; (ii) written submissions in opposition to the orders sought by the respondent which are not to exceed three pages and are to address the questions of whether the Appeal Panel should entertain the application and whether a hearing should be dispensed with; (c) the respondent is to file and serve within 35 days of the date of this decision any written submissions in reply which are not to exceed two pages. Catchwords: LAND LAW — Strata title — Owners corporation — Liability of owners corporation – Whether loss of rent of the owners was caused by the failure of the owners corporation to repair the common property Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), rr 25, 38A Civil Liability Act 2002 (NSW), s 5D Strata Schemes Management Act 2015 (NSW), s 106 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Chappel v Hart (1998) 195 CLR 232; [1998] HCA 5 Huang & Giang v The Owners Strata Plan No. 65865 [2021] NSWCATCD 15 Grundt v Great Boulder Pty Ltd Gold Mines Ltd (1937) 59 CLR 641; [1937] HCA 58 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506; [1991] HCA 12 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Smith v Owners - Strata Plan No. 3004 [2022] NSWSC 1599 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35 The Owners - SP 80881 v Gregg [2022] NSWCATAP 172 Thomas v R (1937) 59 CLR 279; [1937] HCA 83 Thomas and Naaz Pty Ltd (ACN 101 491 703) v Chief Commissioner of State Revenue [2022] NSWCATAP 220 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Vickery v The Owners Strata Plan 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284 Texts Cited: NCAT Procedural Direction 3 - Expert Evidence Category: Principal judgment Parties: Robyn Szeto (First Appellant) Kevin Brinsmead (Second Appellant) The Owners – Strata Plan No 1418 (Respondent) Representation: Counsel: P Horobin (First and Second Appellants) C Purdy (Respondent)