Noor v The Owners-Strata Plan No 72939 (No 2) [2023] NSWCATAP 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Noor v The Owners-Strata Plan No 72939 (No 2) [2023] NSWCATAP 270 Hearing dates: 03 October 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G Sarginson, Senior Member Decision: 1. Grant the appellant leave to extend time to lodge the Notice of Appeal to the date of lodgment; 2. To the extent required, leave to appeal is granted except in respect of the Tribunal's factual findings; 3. The appeal is allowed; 4. The decision of the Tribunal on 12 July 2023 in proceedings SC 21/38944 is set aside; 5. Remit the determination of the issue of costs, if pressed, to the Tribunal once the primary proceedings have been redetermined, with the admission of relevant new evidence on the issue of costs at the discretion of the Tribunal redetermining the matter. Catchwords: APPEALS – from decision as to costs only – substantive decision already set aside and remitted in part Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Fox v Percy 214 CLR 118; [2003] HCA 22 Noor v The Owners - Strata Plan No 72939 [2023] NSWCATAP 236 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 The Owners-Strata Plan 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Texts Cited: None cited Category: Principal judgment Parties: Hadi Noor (Appellant) The Owners-Strata Plan No 72939 (Respondent) Representation: Counsel: D Elliot (Respondent)