Baker v The Owners – Strata Plan No. 9348 [2024] NSWCATAP 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baker v The Owners – Strata Plan No. 9348 [2024] NSWCATAP 180 Hearing dates: 12 September 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Ellis SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEALS – Finding of breach of duty to maintain and repair common property - exercise of discretion - no error of law- no basis for granting leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 House v The King [1936] HCA 40; 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Myrtle Herbert William Baker (Appellant) The Owners – Strata Plan No. 9348 (Respondent) Representation: Appellant (Self-represented) V Glazenburg, Strata Managing Agent (Respondent) File Number(s): 2024/00232142 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 May 2024 Before: H F Woods, Senior Member File Number(s): 2023/00371576