Nimmons v The Owners Strata Plan No 10441 [2024] NSWCATAP 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nimmons v The Owners Strata Plan No 10441 [2024] NSWCATAP 157 Hearing dates: 5 August 2024 Date of orders: 09 August 2024 Decision date: 09 August 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member A Boxall, Senior Member Decision: (1) The appeal is allowed with respect to order 4 made on 26 April 2024. (2) Order 4 made on 26 April 2024 is set aside and the following order is substituted: "The respondent is to levy all lot owners, other than the applicant, in respect of the costs of complying with orders 1 and 2, such levy is to be in proportion to the unit entitlements of each lot owner other than the applicant." (3) The appeal is otherwise dismissed. (4) Leave to appeal is refused. (5) There is no order as to the costs of the appeal. (6) If any party wishes to make an application to vary order (4) above, the applicant (the costs applicant) is to lodge and serve a costs application, including submissions limited to three pages and any evidence in support, on or before 14 days from the date of this decision. (7) The respondent to the costs application is to lodge and serve any submissions limited to three pages and any evidence in opposition on or before 28 days from the date of this decision. (8) The costs applicant is to lodge and serve any submissions in reply limited to two pages on or before 35 days from the date of this decision. (9) The parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: APPEALS - Constructive failure to exercise jurisdiction - Appeal allowed APPEALS - Leave to appeal - Principles governing - Leave to appeal refused LAND LAW - Strata title – Whether a quarantine order should be made - Quarantine order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 60, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014, rr 25, 38, 38A Strata Schemes Management Act 2015 (NSW), ss 104, 106, 232 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Coscuez International Pty Ltd v The Owners-Strata Plan No 46433 [2022] NSWCATAP 147 Coulton v Holcombe (1986) 162 CLR 1 at 8; [1986] HCA 33 Crystele Designer Homes Pty Ltd v Wood [2023] NSWCATAP 242 Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; (2023) 97 ALJR 857 House v The King (1936) 55 CLR 499; [1936] HCA 40 Maclean v Brylweski [2023] NSWCA 173 Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99 Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 940 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Steelbond Australia Pty Ltd v Wein [2024] NSWCATAP 20 The Owners – Strata Plan No 38308 v Gelder [2024] NSWCATAP 61 The Owners – Strata Plan No 62713 v Liberant [2022] NSWCATAP 80 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 The Owners Strata Plan No 74698 v Jacinta Investments Pty Ltd [2021] NSWCATAP 387 The Owners – Strata Plan No. 80412 v Vickery (No 2) [2019] NSWCATAP 97 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None cited Category: Principal judgment Parties: Kristen Nimmons (Appellant) The Owners Strata Plan No 10441 (Respondent) Representation: Counsel: Appellant (self-represented) N Simone (Respondent)