Westerweller v The Owners Strata Plan No 18482 [2023] NSWCATAP 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Westerweller v The Owners Strata Plan No 18482 [2023] NSWCATAP 113 Hearing dates: 3 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member R C Titterton OAM, Senior Member Decision: (1) In so far as the appeal relates to the decision of 8 November 2022 in matter SC 22/10623: (a) the application to extend the time for filing the Notice of Appeal is refused; and (b) the appeal is otherwise dismissed. (2) In so far as the appeal relates to the decision of 3 January 2023 in matter SC 22/10623: (a) the application for leave to appeal is refused; and (b) the appeal is otherwise dismissed. (3) If the respondent seeks costs, it is to file any evidence and submissions within 14 days. The appellant may respond within a further 14 days, and the respondent may reply within further seven days. (4) Submissions on costs are to be limited to five pages. (5) The parties are on notice that, subject to the parties' submissions on this issue, any costs application will be determined on the basis of the written material provided. If either party opposes that course, they should address the issue in their submissions. Catchwords: APPEALS – substantive decision – whether an extension of time should be granted - application for leave to appeal – no question of principle APPEALS – costs decision – application for leave to appeal – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2023 (NSW) – ss 41, 60, 80; cl 12 of Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW) – r 38A Strata Schemes Management Act 2015 (NSW) – s 237 Civil and Administrative Tribunal Rules 2014 (NSW) – r 38A Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Chapman v McLaughin [2016] NSWCATAP 212 Collins v Urban [2014] NSWCATAP 17 Di Salvo v Leung [2014] NSWCATAP 44 House v The King (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kora v Ian's Roofing Pty Ltd [2023] NSWCATAP 42: Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rigby v Oxenford [2023] NSWCATAP 79 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: None cited Category: Principal judgment Parties: Maurice Clifford Westerweller (Appellant) The Owners – Strata Plan No 18482 (Respondent) Representation: Counsel: D P O'Dowd (Appellant)