Franks v Consumer, Trader and Tenancy Tribunal [2013] NSWSC 341

Supreme Court New South Wales

Medium Neutral Citation: Franks v Consumer, Trader and Tenancy Tribunal [2013] NSWSC 341 Hearing dates: 7/03/2013 Decision date: 19 April 2013 Before: Fullerton J Decision: 1. Quash part of the third order made by the Consumer, Trader and Tenancy Tribunal on 14 December 2012 so that the order reads: 3. Phillip Franks is to pay The Owners Corp SP-70672 costs as agreed or assessed. 2. Orders 1 and 2 made by the Consumer, Trader and Tenancy Tribunal on 14 December 2012 remain undisturbed. 3. Otherwise the summons is dismissed. 4. The plaintiff to pay the second defendant's costs. Catchwords: APPEAL - appeal from Consumer, Trader and Tenancy Tribunal - strata schemes adjudicator - jurisdiction Legislation Cited: Civil Procedure Act 2005 Consumer, Trader and Tenancy Tribunal Act 2001 Strata Schemes Management Act 1996 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501 Carnley v Grafton Ngerrie Local Aboriginal Land Council [2010] NSWSC 837 Great Lakes Council v Lani [2007] NSWLEC 681; 158 LGERA 1 Kirk v Industrial Relations Commission (NSW) [2010] HCA 1; 239 CLR 531 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57, (2000) 204 CLR 82 Category: Principal judgment Parties: Phillip Maurice Franks (Plaintiff) Consumer, Trader and Tenancy Tribunal (1st Defendant) The Owners - Strata Plan No. 70672 (2nd Defendant) Representation: Counsel: D Robinson SC/G George (Plaintiff) D Knoll (2nd Defendant) Solicitors: Parramatta Lawyers (Plaintiff) Grace Lawyers (2nd Defendant) File Number(s): 2012/249755 Decision under appeal Before: Consumer Trader and Tenancy Tribunal File Number(s): SCS 11/18967; SCS 11/50143