Abraham v The Owners – Strata Plan No 61419 [2024] NSWCATAP 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abraham v The Owners – Strata Plan No 61419 [2024] NSWCATAP 21 Hearing dates: 9 February 2024 Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Appeal Panel Before: Armstrong J, President A Suthers, Principal Member Decision: 1. The name of the appellant is corrected to Ned Abraham. 2. The appeal is dismissed as incompetent. Catchwords: APPEALS — right of appeal — who may exercise where Tribunal appoints manager to strata scheme with plenary powers — where lot owner not a party to proceedings at first instance seeks to appeal against decision of Tribunal pursuant to s 80(1) of the Civil and Administrative Tribunal Act 2013 (NSW) –proceedings incompetent due to an absence of standing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Carre v Owners Corporation - SP 53020 [2003] NSWSC 397 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCA 327 Keevers v Sarraf Property Group Pty Ltd [2022] NSWSC 1017 The Owners – Strata Plan 2010 v Kahn [2022] NSWCATAP 9 Quader v Nguyen [2023] NSWSC 815 Tan v The Owners Strata Plan 22014 (No 2) [2015] NSWSC 1920 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited; Forbidden Foods Pty Limited v Rice Marketing Board for the State of New South Wales [2020] NSWCATAP 182 Texts Cited: None cited Category: Principal judgment Parties: Ned Abraham (Appellant)