Sui v Jiang [2024] NSWCATAP 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sui v Jiang [2024] NSWCATAP 128 Hearing dates: 30 May 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President P Durack SC, Senior Member Decision: (1) The application for an extension of time in which to lodge the appeal is refused. (2) The appeal is dismissed. Catchwords: PROPERTY LAW-strata titles dispute-noise issue arising from installation of new flooring in a strata scheme unit-whether owner of the unit was in breach of relevant by-laws-expert evidence as to noise measurements and applicable noise rating-Tribunal found breach of relevant by-law in existence when new flooring installed and breach of amended by-law after the new flooring had been installed. APPEALS-whether appeal lodged out of time-whether time for lodging the appeal ran from the first decision making substantive orders-appeal lodged after lengthy delay from the first decision-the appeal lodged after the appellant obtained new expert evidence about the noise issue-merits of appeal considered on application to extend time-no substantial prospects of success on merits-application for extension of time refused. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Strata Schemes Management Act 2015 (NSW) Cases Cited: Feletti v Eales; Eales v Feletti [2018] NSWCATCD 66 Hogan v Stebnicki [2022] NSW CATCD 63 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Zhang v Glykis [2020] NSWCATCD 17 R v Palmer [1981] 1 NSWLR 209 Seed v Higgins [1860] 8 H. L. C. 550 Category: Principal judgment Parties: Xin Sui (Appellant) Jenny Jiang (First Respondent) Richard Wang (Second Respondent) Representation: Counsel: P Lin (Appellant)