Samia v Foster & The Owners – Strata Plan No 67743 [2024] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Samia v Foster & The Owners – Strata Plan No 67743 [2024] NSWCATAP 101 Hearing dates: 29 February 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member E Bishop SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL — question of law — where owners corporation was dysfunctional — where the Tribunal appointed compulsory strata manager — whether the appellant was denied procedural fairness — whether there was bias — whether Tribunal excluded evidence which was admissible — no error of law — no issue of principle Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20 Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Pidgeon v Nagle [2022] NSWCATCD 61 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Western Sydney Area Health Services v Edmonds [2007] NSWCA 16 Category: Principal judgment Parties: Mercy Samia (Appellant) Carolina Foster (First Respondent) The Owners – Strata Plan No 67743 (Second Respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2023/00445711 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: 2023/00370257 Date of Decision: 06 December 2023 Before: L Wilson, Senior Member File Number(s): SC 23/47504