York & Edwards v The Owners – Strata Plan No 675 [2024] NSWCATAP 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: York & Edwards v The Owners – Strata Plan No 675 [2024] NSWCATAP 121 Hearing dates: 2 May 2023 Date of orders: 26 June 2024 Decision date: 26 June 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member A Lo Surdo SC, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The stay order made on 8 February 2023 is lifted. Catchwords: APPEAL – strata scheme – reallocation of unit entitlement – exercise of discretion to reallocate – relevant factors for consideration – duties of Tribunal towards unrepresented party – whether denial of procedural fairness - whether discretion miscarried Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Development Act 2015 Strata Schemes Management Act 2015 Cases Cited: Antonio Di Liristi v NSW Public Trustee [2021] NSWSC 1347 Collins v Urban [2014] NSWCATAP 17 House v The King [1936] HCA 40; (1936) 55 CLR 499 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Sahade v The Owners – Strata Plan 62022 [2014] NSWCA 208 The Owners – Strata Plan No 675 v York & Edwards [2022] NSWCATAP 171 Texts Cited: Nil Category: Principal judgment Parties: Bernadette York and Kevin Edwards (Appellants) The Owners – Strata Plan No 675 (Respondent) Representation: Pradeepa Jayawardena York law Practice (Appellants) Tankards Law (Respondent) File Number(s): 2023/00017017 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 19 December 2022 Before: D Robertson, Senior Member File Number(s): SC 22/23359