Sultan v The Owners – Strata Plan no 54721 [2024] NSWCATAP 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sultan v The Owners – Strata Plan no 54721 [2024] NSWCATAP 102 Hearing dates: 22 March 2024 Date of orders: 3 June 2024 Decision date: 03 June 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) The appeal in respect of order 1 in proceedings 2023/00394828, requiring the Appellant to pay $15,105.62 to the Respondent, is dismissed. (2) Order 1 in proceedings 2023/00394828 is affirmed. (3) Order 3 in proceedings 2023/00394828 is set aside and in its place costs at first instance will be included in the matters for reconsideration on the remittal. (4) The appeal in respect of proceedings 2023/00389760 is upheld and the order dismissing that application is set aside. (5) Proceedings 2023/00389760 are remitted to the Consumer and Commercial Division of the Tribunal for the purposes of being reheard and determined by a Tribunal differently constituted with such remittal to include reconsideration of the costs orders that should be made with respect to costs incurred by the parties at first instance. (6) If either party seeks costs of the appeal, they must file and serve submissions within 14 days of the publication of these orders. (7) If either party files and serves submissions with respect to costs of the appeal in accordance with the above order, the other party has a further period of 14 days to file and serve submissions in opposition. (8) Submissions with respect to costs should include submissions concerning whether or not an order should be made pursuant to s 50 of the Civil and Administrative Tribunal Act, 2013 (NSW) dispensing with a hearing of the relevant application for costs. Catchwords: APPEAL - expert witness not available for cross examination despite a direction requiring attendance for cross examination - influence of that witness' reports in considering what weight to be given to the opposing expert witness' report - denial of procedural fairness - order for remittal - whether order for payment of money should be set aside - no question of law and no basis to grant leave to appeal Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Gallo v Duflou [2014] NSWCATAP 115 John Prendergast and Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Nova Home Developments Pty Ltd v Manzala [2021] NSWCATAP 287 Re Minister for Immigration and Multicultural and Indigenous Affairs: ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Vidler v Lee t/as Northern Rivers Landscaping [2023] NSWCATAP 52 White v Alto Artarmon Pty Ltd [2017] NSWCATAP 164 Texts Cited: Not applicable Category: Principal judgment Parties: Samar Sultan (Appellant) The Owners – Strata Plan No. 54721 (Respondent) Representation: Counsel: JR Young (Appellant)