NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lim v The Owners – Strata Plan No 51159 [2025] NSWCATAP 14 Hearing dates: 6 June 2024 Date of orders: 21 January 2025 Decision date: 21 January 2025 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member D Ziegler, Senior Member Decision: (1) Appeal dismissed. (2) No order as to costs. Catchwords: APPEAL – strata scheme – removal of screen door to lot by owners corporation – fire safety requirements – whether owners corporation entitled to remove door - conduct of hearing before Tribunal – whether denial of procedural fairness – whether reasons inadequate – constructive failure to exercise jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Davis v NSW Minister for Health [2023] NSWCATAP 211 Dokas v Gallagher (No 2) [2024] NSWCA 236 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Kassam v Hazzard; Henry v Hazzard [2021] NSWCA 299 Kudrynski v Orange City Council [2024] NSWCA 33 Orr v Cobar Management Pty Ltd [2020] NSWCCA 220 Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Pholi v Wearne [2014] NSWCATAP 78 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 Woolworths Ltd v Director of Liquor Licensing [2013] WASCA 227 Texts Cited: Nil Category: Principal judgment Parties: Alim Lim & Jonathan Lim (Appellants) The Owners - Strata Plan No. 51159 (Respondent) Representation: Appellants (Self Represented) H McCormack (Respondent) File Number(s): 2024/00108000 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 February 2024 Before: N Vrabac, Senior Member File Number(s): 2024/00375249
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