Owners Corporation Strata Plan 7596 v Risidore & Ors [2003] NSWSC 966

New South Wales Supreme Court

CITATION : Owners Corporation Strata Plan 7596 v Risidore & Ors [2003] NSWSC 966 HEARING DATE(S) : 15 October 2003 JUDGMENT DATE : 28 October 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The application for leave is refused. The Summons is dismissed. The plaintiff is to pay the costs of the proceedings. The Exhibit may be returned.

CATCHWORDS : Appeal from interim decision of Tribunal - question of admissibility of evidence - leave required - appeal from adjudicator to Tribunal - nature of that appeal - the admissibility of new evidence and leave considerations. Consumer, Trader and Tenancy Tribunal Act 2001. LEGISLATION CITED : Strata Schemes Management Act 1996 Pt 4 Div 1, s 140, s 140 (1), Pt 4 Div 12, s 181, s 186, s 186 (2), Pt 5 Div 3. Chomyn v Owners Corporation SP 14801 CASES CITED : [2001] NSWRT 194. McCann v The Owners SP 11318 [1998] NSWSSB 44. Paris v The Owners Strata Plan 16973 [1998] NSWSSB 12. Owners Corporation Strata Plan 7596 (Plaintiff) v PARTIES : Neil Risidore (First Defendant) Christine Giles (Second Defendant) Consumer, Trader & Tenancy Tribunal (Third Defendant) FILE NUMBER(S) : SC 11129 of 2003 Mr M R Gracie (Plaintiff) COUNSEL : Mr I Hemmings (First and Second Defendants) N/A (Third Defendant) Makinson & d'Apice (Plaintiff) SOLICITORS : S A Teen (First and Second Defendants) I V Knight - Crown Solicitor - Submitting Appearance (Third Defendant)