Demir v Liu [2024] NSWCATAP 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Demir v Liu [2024] NSWCATAP 223 Hearing dates: 29 October 2024 Date of orders: 07 November 2024 Decision date: 07 November 2024 Jurisdiction: Appeal Panel Before: D Robertson, Principal Member M Deane, Senior Member Decision: (1) An extension of time in which to lodge the notice of appeal is granted. (2) The appeal is dismissed. (3) The Tribunal proposes to grant the Appellant a period of 4 months from the date of these orders to comply with the original orders made by the Tribunal in these proceedings. If any party seeks a different order, the following orders and directions will apply: (a) Any party contending for a different order is to file and serve a short written submission (no more than 5 A4 size pages) within 7 days of the date of these orders, (b) The other party is to file and serve a short written submission (no more than 5 A4 size pages) in response within 14 days of the date of these orders, (c) Subject to the parties' submissions on this point, the Appeal Panel proposes to determine any application for a different order on the basis of the written submissions and without a hearing, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW. (4) Unless either party files submissions pursuant to Order 3 above, the time for compliance with Order 1 made on 17 June 2024 in proceedings 2023/00370085 is extended to the date which is four months after the date of publication of this decision. Catchwords: LAND LAW — Strata title — By-laws - correct standard for assessing compliance with by-laws APPEALS-whether appeal lodged out of time Legislation Cited: Civil and Administrative Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26; 97 ALJR 674 Chapman v Taylor [2004] NSWCA 456 Cominos v Di Rico [2016] NSWCATAP 5 Felcher v The Owners-Strata Plan 2738 [2017] NSWCATAP 219 Feletti v Eales [2019] NSWCATAP 100 Gao v Agostini [2009] NSWCTT 175 Hogan v Stebnicki [2022] NSWCATCD 63 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kramer v Stone (2023) 112 NSWLR 564; [2023] NSWCA 270 Kudrynski v Orange City Council [2024] NSWCA 33 Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14 Orr v Cobar Management Pty Ltd [2020] NSWCCA 220 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Property Investors Alliance Pty Ltd v C88 Project Pty Ltd (in liq) [2023] NSWCA 291 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Paramatta Trust [2020] NSWCA 62 Yuen v Thom [2016] NSWCATAP 243 Zhang v Glykis [2020] NSWCATCD 17 Texts Cited: None cited Category: Principal judgment Parties: Basak Demir (Appellant) Haiyi Liu and Yu-Ting Su (Respondents) Representation: Appellant (self-represented) Respondents (self-represented) File Number(s): 2024/00278709 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 17 June 2024 Before: D Charles, Senior Member File Number(s): 2023/00370085