The Owners-Strata Plan No 53865 v JPG Investments Pty Ltd [2024] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No 53865 v JPG Investments Pty Ltd [2024] NSWCATAP 12 Hearing dates: 20 July 2023 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member K Ransome, Senior Member Decision: 1. Leave to appeal is refused. 2. Appeal dismissed. 3. Stay of orders 1 and 2 of the Tribunal dated 12 May 2023 is lifted immediately. 4. Costs applicant to file and serve costs submissions and documents by 28 days from the date of this decision. 5. Costs respondent is to file and serve costs submissions and documents by 42 days from the date of this decision. 6. Costs applicant is to file and serve costs submissions in reply by 49 days from the date of this decision. 7. Costs submissions of the parties are to include reference as to whether they consent to the issue of costs being determined without a further oral hearing in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) and if not, why not. 8. The parties may apply to vary the timetable for costs submissions by way of a written application to the Tribunal and the other party. Any such application is to be filed and served by no later than the date of the applicable timetable obligation. 9. The costs submissions of the parties must be filed with the Appeal Panel in hard copy. Catchwords: LAND LAW---Strata title---Consent of owners corporation to the lodging of a development application to works affecting common property---s 232(6) Strata Schemes Management Act 2015---Mandatory considerations---Relevant considerations---Applicable principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Chapman v McLaughlin [2016] NSWCATAP 212 Collins v Urban [2014] NSWCATAP 17 Coscuez International Pty Ltd v The Owners-Strata Plan No 46433 [2021] NSWCATAP 147 Dehsabzi v The Owners Corporation-Strata Plan No 83556 [2020] NSWCATAP 142 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 House v The King (1936) 55 CLR 499 at 504-505; [1936] HCA 40 Italiano v Carbone & Ors [2005] NSWCA 177 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP The Bunker 2017 Pty Ltd v North Sydney Council [2019] NSWLEC 1365 The Owners-Strata Plan 50411 v Cameron North Sydney Investments Pty Ltd [2003] NSWCA 5 The Owners-Strata Plan No 18229 v Jakabah Pty Ltd [2022] NSWCATAP 229 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202 TNT Building Trades Pty Ltd v Baker [2023] NSWCATAP 178 Wallin v Lake Macquarie City Council & Ors [1999] NSWCA 318 Whitehouse Developments Pty Limited v The Council of the City of Sydney [2017] NSWLEC 1512 Texts Cited: None cited Category: Principal judgment Parties: The Owners-Strata Plan No 53865 (Appellant) JPG Investments Pty Ltd (First Respondent) Conrad Corporation Pty Ltd (Second Respondent) Representation: Counsel: M Sheldon (Appellant) V Kerr SC (First and Second Respondents)