Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2024] NSWCATAP 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2024] NSWCATAP 192 Hearing dates: 25 March 2024 Date of orders: 3 October 2024 Decision date: 03 October 2024 Jurisdiction: Appeal Panel Before: A. Bell SC, Senior Member L. Wilson, Senior Member Decision: 1. Amend name of the respondent to "The Owners – Strata Plan No 32396". 2. Remove second respondent "Jack Mei". 3. To the extent required, leave to appeal is refused. 4. The appeal is dismissed. 5. The appellant is to pay the respondent's costs, as agreed or assessed, on the ordinary basis. 6. If either party wishes to apply for a cost order different to Order 5: (a) they must make that cost application with supporting written submissions by 18 October 2024. (b) the other party may respond to that application with written submissions filed and served by 1 November 2024. (c) Parties may provide cost submissions in reply if they wish, on or before 8 November 2024. (d) In any cost application or cost submissions, parties must indicate their attitude to the Tribunal deciding the question of costs on the papers (that is, dispensing with a hearing on costs). (e) in the event any party makes an application pursuant to Order 6(a), Order 5 lapses. Catchwords: LAND LAW — strata title — common property — maintenance and repair of common property – action for damages by lot owner – proceedings commenced more than two years after the owner became aware of loss – whethertime can be extended under s 41 of the Civil and Administrative Tribunal Act – statutory interpretation APPEAL – Strata Schemes Management Act 2015 – leave to appeal – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Owners - Strata Plan No 30691 v Pickard [2024] NSWCATAP 126 Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2023] NSWCATAP 66 House v The King (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 David Grant &Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265. Boutenko v The Owners- Strata Plan No 77480 [2022] NSWCATCD 166 The Owners-Strata Plan No.74232 v Tezel [2023] NSWCA 45 Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 Vickery v The Owners Strata Plan No. 80412 (2020) 103 NSWLR 352;[2020] NSWCA 284 Texts Cited: None Cited Category: Principal judgment Parties: Hua Nan Trading Pty Ltd (Appellant) The Owners – Strata Plan No 32396 (Respondent) Representation: Counsel: N. Simone (Respondent)