Colman v The Owners – Strata Plan 61131 [2023] NSWCATAP 308

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Colman v The Owners – Strata Plan 61131 [2023] NSWCATAP 308 Hearing dates: 19 September 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member G Ellis SC, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. Subject to order (4), the appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. 4. If either party wishes to contend that a different costs order should be made, order (3) ceases to have effect and the following orders apply: (a) Any application for a different costs order is to be provided, to the Tribunal and the other party, supported by submissions (not exceeding five pages in length) and evidence, within 14 days of the date of these orders. (b) Any submissions (not exceeding five pages in length) and evidence in response are to be provided, to the Tribunal and the other party, within the following 14 days. (c) Any submissions (not exceeding two pages in length) and any evidence in reply are to be provided, to the Tribunal and the other party, within the following 7 days. (d) Each party's submissions should indicate whether it is agreed that costs should be determined on the papers, without the need for a further hearing. Catchwords: APPEALS – Adequacy of reasons LAND LAW – Strata title – By-laws - Interpretation of by-law – Whether by-law is an "instrument" for the purposes of the Interpretation Act 1987 (NSW) WORDS AND PHRASES – "Instrument" Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Interpretation Act 1987 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Titles Act 1973 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Conroy's Smallgoods Pty Ltd & Anor v Channel Seven Adelaide Pty Ltd [2007] SASC 76; 97 SASR 14 Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250; 103 NSWLR 160 Endre v The Owners – Strata Plan No. 17771 [2019] NSWCATAP 93 Goodwin v Commissioner of Police [2012] NSWCA 379 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; 100 NSWLR 578 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157 Stolfa v Owners Strata Plan 35042 [2009] NSWSC 589 The Owners – Strata Plan 32735 v Heather Lesley-Swan [2012] NSWSC 383 The Owners – Strata Plan No 63607 v Kinsella [2022] NSWCATAP 184 The Owners of Strata Plan No 3397 v Tate [2007] NSWCA 207; 70 NSWLR 344 The Owners Strata Plan No 80412 v Vickery (No 2) [2019] NSWCATAP 97 Thomson v The Owners – Strata Plan No 87812 [2020] NSWCATAP 132 Waterford v The Commonwealth (1987) 163 CLR 54; [1987] HCA 25 Whisprun v Dixon [2003] HCA 48 YBOS Pty Ltd t/as BIG4 Tweed Billabong Holiday Park v Creek [2020] NSWCATAP 284 Texts Cited: None cited Category: Principal judgment Parties: Gary Mark Colman (Appellant) The Owners – Strata Plan 61131 (Respondent) Representation: Counsel: D Elliott (Respondent)