Cuthbert v The Owners - Strata Plan No. 34194 [2023] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cuthbert v The Owners - Strata Plan No. 34194 [2023] NSWCATAP 107 Hearing dates: 20 March 2023 Date of orders: 17 April 2023 Decision date: 17 April 2023 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member L Wilson, Senior Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. (3) Leave to adduce further evidence is refused. (4) The Respondent is to file and serve written submissions in support of any application for costs, not exceeding 5 pages in length, within 21 days of the date of these orders. If the Owners chose not to pursue a costs order it need not comply with this order. (5) If a cost application is made, the Appellant is to file and serve written submissions not exceeding 5 pages in length in opposition to any application for costs within 42 days of these orders. (6) Any party opposing an order under s 50(2) of the Civil and Administrative Tribunal Act 2013 dispensing with an oral hearing of any costs application is to include in any submissions filed pursuant to these Orders submissions in support of such opposition. Catchwords: APPEALS- whether leave to appeal should be granted- whether leave to adduce further evidence should be granted- whether appeal should be dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Bauskis v Liew [2013] NSWCA 297 Prendergast v Western Murray Irrigation Limited [2004] NSWCATAP 69 Resource Pacific Pty Limited v Wilkinson [2013] NSWCA 33 Ryan v BKB Motor Vehicle Repairs Pty Limited [2017] NSWCATAP 39 ZNX v ZNY [2020] NSWCATAP 41 Texts Cited: None cited Category: Principal judgment Parties: Charles Cuthbert (Appellant) The Owners – Strata Plan No. 34194 (Respondent) Representation: Appellant (Self Represented) Austin Giugni Martin Lawyers (Respondent) File Number(s): 2023/00007687 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 14 December 2022 Before: R Titterton, Senior Member File Number(s): HB22/30019