The Owners - Strata Plan No. 74442 v Harrison [2023] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No. 74442 v Harrison [2023] NSWCATAP 144 Hearing dates: 18 July and 1 September 2022 Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member. D Goldstein, Senior Member Decision: 1) The time for filing the Notice of Appeal is extended to 11 May 2022. 2) Leave to appeal in respect of grounds 1 – 3 is granted to the extent it is required. 3) Leave to appeal is otherwise refused. 4) The appeal is dismissed. 5) The Appeal Panel notes that the first to third respondents have applied for their costs of the appeal: (a) Those parties are to lodge in the Appeal Registry and give to the other parties their evidence and submissions in support of the application for costs, within 14 days. (b) Any submissions and evidence in response to the costs application are to be lodged with the Appeal Registry and given to those parties within 14 days thereafter. (c) Any submissions in reply are to be lodged with the Appeal Registry and given to the other parties within 7 days thereafter. (d) Submissions on the application for costs by each party are not to exceed five pages in length. (e) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course, they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. If a hearing is not dispensed with, the parties will be advised of a date for the hearing of the application. Catchwords: LAND LAW – Strata Schemes – Apprehended bias – Hearing rule – Alleged excessive interference in the proceedings – Section 237(5) of the Strata Schemes Management Act 2015 Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Agripower Barraba Pty Ltd v Blomfield (2015) 317 ALR 202; [2015] NSWCA 30 Akins v National Australia Bank (1994) 34 NSWLR 155 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Cevolani v Site Demolition Pty Ltd [2022] NSWCATAP 252 Charisteas v Charisteas [2021] HCA 29 Collins v Urban [2014] NSWCATAP 17 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Elkhouri v Khuu [2021] NSWCATAP 86 Herbert v NSW Land and Housing Corporation [2020] NSWCA 80 Herbert v NSW Land and Housing Corporation [2020] NSWCA 80 Makowska v St George Community Housing Ltd [2021] NSWCATAP 198 Manly Fast Ferry Pty Ltd v Wehbe [2021] NSWCA 67 Polsen v Harrison [2021] NSWCA 23 The Owners – Strata Plan No 4159 v Wolff [2021] NSWCATAP 135 The Owners-Strata Plan No 79633 v Graorovska [2022] NSWCATAP 152 VFAB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 872 Texts Cited: None cited Category: Principal judgment Parties: The Owners Strata Plan No. 74442 (Appellant) Mandana Harrison (First Respondent) Milo Brogan (Second Respondent) Carolyn Arnett (Third Respondent Vasiliki Tsiavos (Fourth respondent) Raveen Prakesh (Fifth Respondent) Saliya Gunawardena(Sixth Respondent) Petar Trajkovsji (Seventh Respondent) Sandor Jakucs (Eighth Respondent) Representation: Bannermans Lawyers (Appellant) JS Mueller & Co Lawyers (First, Second and Third Respondents) No Appearance (Fourth, Fifth and Sixth Respondents) Mr Jones (Lay Advocate) (Seventh and Eighth Respondents) File Number(s): 2022/00137142 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and commercial Citation: N/A Date of Decision: 25 March 2022 Before: G Ellis SC, Senior Member File Number(s): SC 20/33622