Crawley v the Owners Strata Plan 22481 [1999] NSWSC 950

New South Wales Supreme Court CITATION : Crawley v the Owners Strata Plan 22481 [1999] NSWSC 950 revised - 07/10/99 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 10466/99 HEARING DATE(S) : 3 May 1999 JUDGMENT DATE : 9 September 1999

PARTIES : Christopher William Crawley v The Owners Strata Plan 22481 JUDGMENT OF : Smart AJ at 1

LOWER COURT JURISDICTION : Strata Schemes Board LOWER COURT FILE NUMBER(S) : SB97/163;164;165 & 98/166 LOWER COURT JUDICIAL OFFICER : Mr G Keenan

COUNSEL : Plaintiff: Mr T S Hale SOLICITORS : Plaintiff: Aubrey F Crawley & Co Defendant: P McCarthy CATCHWORDS : Appeals from Commissioner to Strata Schemes Board Strata Schemes Managemt Act 1996 Strata Titles Act 1973 ACTS CITED : Strata Schemes (Freehold Development) Act 1973 Strata Schemes (Leasehold Development)Act 1986 Strata Schemes Management (Miscellaneous Amendments) Act 1996 Statute Law (Miscellaneous Provisions) Act (No 2) 1997 CASES CITED : The Ownwers Strata Plan No 52896 v Goldbind Pty Ltd & Anor (1 May 1998, Bruce J unreported) DECISION : Matter remitted for rehearing and determination

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SMART AJ

Thursday, 9 September 1999

No: 10466 of 1999 Christopher William CRAWLEY v THE OWNERS STRATA PLAN 22481

JUDGMENT

1 Christopher William Crawley appeals by way of case stated against a determination of Mr G Keenan as a member of the Strata Schemes Board that he did not have jurisdiction to determine appeals against orders made by the Strata Titles Commissioner in proceedings which commenced prior to 1 July 1997 in respect of applications 105(1) 471/97, 105(1) 479/97, 106/480/97 and 106/635/97 and which had not been determined or finalised prior to that day. 2 Whether the Strata Schemes Board has jurisdiction depends upon the construction of the Strata Schemes Management Act 1996 and especially Schedule 4, Savings, transitional and other provisions. Mr Keenan held that in respect of proceedings commenced prior to 1 July 1997 in which orders were made after that date by the Commissioner of Strata Titles any appeal against those orders lay to the Strata Titles Board. Legislation which came into operation on 1 July 1997 substitutes Adjudicators for the Commissioner in respect of the hearing and resolution of disputes and provides for appeals to go to the Strata Schemes Board. The previous provision for appeals from the Commissioner to the Strata Titles Board was repealed.