Gabriela v The Owners – Strata Plan No. 52108 [2024] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gabriela v The Owners – Strata Plan No. 52108 [2024] NSWCATAP 224 Hearing dates: 18 July 2024 Date of orders: 11 November 2024 Decision date: 11 November 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member L Andelman, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal is dismissed. (3) The stay order made on 29 May 2024 is lifted. (4) Order 11 made on 16 April 2024 in matter 2024/00176670 is varied as follows: The Works referred to in Order 2 are to be completed by 10 February 2025. (5) Costs of the appeal are to be determined as follows: (a) Appellant to file with the Appeal Panel and serve on the Respondent submissions as to why costs should not be awarded (no more than 5 pages) by 14 days from the date of this decision. (b) Respondent to file with the Appeal Panel and serve on the Appellant submissions in reply (no more than 3 pages) by 21 days from the date of this decision. (c) The costs submissions of the parties are to identify whether an oral hearing on costs is sought, and if so, why. (d) Subject to consideration of the costs submissions of the parties the Appeal Panel may determine the issue of costs on the papers and without a further oral hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (e) Either party may apply in writing to vary or extend the timetable for the filing and serving of costs submissions. Catchwords: APPEALS – leave to appeal - procedural fairness – alleged failure to be served – evidence of service Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Scheme Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Dokas v Gallagher (No 2) [2024] NSWCA 236 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Gabriela v The Owners – Strata Plan No 51108 [2023] NSWCATCD Kudrynski v Orange City Council [2024] NSWCA 33 Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Owners – Strata Plan 52108 v Gabriela [2023] NSWCATCCD Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan 7 Naylor Paramatta Trust [2020] NSWCA 62 Wollondilly Shire Council v Styles [2024] NSWCATAP 104 Texts Cited: None cited Category: Principal judgment Parties: Sabrina Gabriela (Appellant) The Owners – Strata Plan No 52108 (Respondent) Representation: Mr Psiraki (Agent for the Appellant) STL Strata Title Lawyers (Respondent) File Number(s): 2024/00176670 Publication restriction: N/A Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 April 2024 Before: SM N Vrabac File Number(s): 2023/00366459