Morrison v Neighbourhood Association DP No 285032 [2024] NSWCATAP 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morrison v Neighbourhood Association DP No 285032 [2024] NSWCATAP 18 Hearing dates: 30 January 2024 Date of orders: 07 February 2024 Decision date: 07 February 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G Ellis SC, Senior Member Decision: The appeal is dismissed. Catchwords: LAND LAW - community land - statutory obligation of neighbourhood association to maintain and keep in good repair common property under s 109 of the Community Land Management Act 2021 (NSW) (CLMA) - trotting track part of common property not kept in good repair - special resolutions by the association not to maintain and repair trotting track-application by lot owner for orders requiring that repairs be carried out - no challenge to special resolution in terms of s 109(3). APPEALS - various alleged errors raised on appeal-Tribunal examined reasons for the association's determination not to maintain and repair trotting track and objective facts-whether any error by the Tribunal concerning this approach and dealing with these issues was irrelevant in circumstances where there was no challenge to the validity or operative effect of the special resolution. Legislation Cited: Community Land Management Act 2021 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 The Owners-Strata Plan No 74232 v Tezel [2023] NSWCA 35 Suttor v Gundowda Pty Ltd [1950] HCA 35; 81 CLR 418 Texts Cited: Nil Category: Principal judgment Parties: John Leslie Morrison and Jenita Christine Morrison (Appellants) Neighbourhood Association DP No 285032 (Respondent) Representation: Appellant (Self- represented)