The Owners - Strata Plan No. 84716 v Purcell [2023] NSWCATCD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No. 84716 v Purcell [2023] NSWCATCD 97 Hearing dates: 30 March 2023; written submissions to 21 April 2023 Date of orders: 30 August 2023 Decision date: 30 August 2023 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The respondent, Delmont Purcell, is to pay the applicant, The Owners-Strata Plan No 84716, the amount of $1,320 by 14 days from the date of this decision. (2) Any costs application by the applicant is to be determined in the following manner: (a) Applicant to file with the Tribunal and serve on the respondent, by person or by post, costs submissions and documents by 14 days from the date of this decision. (b) Respondent to file with the Tribunal and serve on the applicant, by person or by post, costs submissions and documents by 28 days from the date of this decision. (c) Applicant to file with the Tribunal and serve on the respondent, by person or by post, costs submissions in reply by 35 days from the date of this decision. (d) The costs submissions of the parties are to identify whether or not they consent to the issue of costs being determined without a further oral hearing and if not why an oral hearing on the issue of costs is necessary. (e) Subject to consideration of the costs submissions of the parties the Tribunal may determine the issue of costs on the papers and without a further oral hearing in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013. Catchwords: LAND LAW---Strata title---Civil penalty---s 147 Strata Schemes Management Act 2015---Service of notices to comply with by-laws---Whether contravention of notices to comply established---Applicable penalty Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Strata Schemes Management Act 2015 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: ASIC v McDonald (No 11) [2009] NSWSC 287 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Brown v The Owners-Strata Plan No 82527 [2022] NSWCATAP 328 Di Liristi v Matautia Developments Pty Ltd [2021] NSWCA 328 Forest v Suzanne [2022] NSWCATAP 292 Gregg v R [2020] NSWCCA 245 Mulhearn v Merit Homes Pty Ltd [2015] NSWCATCD 139 Purcell v DPP (NSW) [2021] NSWDC 10 Robinson v Quick Built Systems Pty Ltd [2022] NSWCATAP 192 State of NSW v Hathaway [2010] NSWCA 184 The Owners-Strata Plan No 21367 v Letchford [2021] NSWCATCD 112 The Owners-Strata Plan No 4393 v Roberts [2023] NSWCATCD 57 The Owners-Strata Plan No 61285 v Taylor (No 2) [2022] NSWCATCD 118 TS v R [2022] NSWCCA 222 Westbury v The Owners-Strata Plan No 64061 [2021] NSWCATEN 3 ZDB v The University of Newcastle (No 2) [2017] NSWCATAP 135 Texts Cited: None cited Category: Principal judgment Parties: The Owners-Strata Plan No 84716 (Applicant) Delmont Purcell (Respondent) Representation: Counsel: None