Choi v The Owners Strata Plan No 53482 [2024] NSWCATAP 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v The Owners Strata Plan No 53482 [2024] NSWCATAP 233 Hearing dates: 16 May 2024 Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Appeal Panel Before: G Sarginson, Deputy President E Bishop SC, Senior Member Decision: (1) The appeal is dismissed. (2) The stay orders of the Appeal Panel dated 18 March 2024 are lifted immediately. (3) Orders 3 and 4 of the Tribunal dated 9 February 2024 are varied so that the phrase "from the date of these orders" reads "from the date of the Appeal Panel decision". (4) The respondent is to lodge with the Registry and serve on the appellant, by person or by post and additionally by email, any additional costs submissions by 7 days from the date of this decision. (5) The appellant is to lodge with the Registry and serve on the respondent, by person or by post and additionally by email, any costs submissions by 14 days from the date of this decision. (6) The respondent is to lodge with the Registry and serve on the appellant, by person or by post and additionally by email, any costs submissions in reply by 21 days from the date of this decision. (7) The costs submissions of the parties are to include whether or not they consent to the issue of costs being determined on the papers and without an oral hearing on the issue of costs, and if not, why not. (8) Subject to consideration of the costs submissions of the parties the Appeal Panel may determine it appropriate to dispense with an oral hearing on the issue of costs under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (9) Either party may apply in writing to the Appeal Panel and the other party to vary or amend the timetable for costs submissions. (10) If no application for costs is made in accordance with these orders, there is no order as to costs with the intention of each party bearing its own costs in accordance with s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: LAND LAW - strata title - common property rights by-law - unreasonable refusal - s 149(1)(b) Strata Schemes Management Act 2015 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: 2 Elizabeth Bay Road Pty Ltd v The Owners-Strata Plan No 73943 [2014] NSWCA 409 Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Brahmbhatt v Osorio [2023] NSWCATAP 188 Bruce v Knight [2021] NSWCATAP 224 Capcelea v The Owners-Strata Plan No 48887 [2019] NSWCATCD 27 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 FVA v Commissioner for Police, NSW Police Force [2024] NSWCATAP 127 Halil v NSW Land and Housing Corporation (No 2) [2023] NSWSC 1646 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Harris v The Owners Strata Plan No 34056 [2022] NSWCATAP 111 Ho v Powell [2001] NSWCA 168 House v The King [1936] HCA 40; (1936) 55 CLR 499 Hunt v The Owners-Strata Plan No 1158/84199 [2024] NSWCATAP 65; Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 184 Kaye v The Owners-Strata Plan No 4350 [2022] NSWSC 1386 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 23 Kudrynski v Orange City Council [2024] NSWCA 33 Lenux v The Owners-Strata Plan No 88786 [2023] NSWCATCD 186 Macey's Group Pty Ltd v The Owners-Strata Plan No 33591 [2021] NSWCATAP 7 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235 (New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597 The Owners-Strata Plan No 53865 v JPG Investments Pty Ltd [2024] NSWCATAP 12 The Owners-Strata Plan No 568 v Levitin; Levitin v The Owners Strata Plan No 568 [2021] NSWCATCD 65 The Owners-Strata Plan No 70798 v Bakkante Constructions Pty Ltd [2014] NSWCA 410 The Owners-Strata Plan No 79633 v Graorovska [2022] NSWCATAP 152 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 Texts Cited: None cited Category: Principal judgment Parties: Jin Beom Choi (Appellant) The Owners Strata Plan No 52482 (Respondent) Representation: Appellant (self-represented)