The Owners - Strata Plan 21702 v Krimbogiannis [2013] NSWDC 72

District Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan 21702 v Krimbogiannis [2013] NSWDC 72 Hearing dates: 20 & 21 March 2013, and subsequent written submissions Decision date: 28 May 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Application for leave to appeal matters of fact, and mixed questions of fact and law arising from the decision of the Consumer, Trader and Tenancy Tribunal on 28 March 2012, is refused; 2.The appeal from the decision of the Consumer, Trader and Tenancy Tribunal given on 28 March 2012, is dismissed; 3.The appellant is to pay the respondents' costs on the ordinary basis unless otherwise ordered; 4.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - Appeal from Consumer, Trader and Tenancy Tribunal - whether appealable questions have been raised - nature of the appeal as of right or by leave - Divs 1 and 2 of Pt 5 of Crimes (Appeal and Review) Act 2001 - decision of the CTTT denied the owners corporation access to a tenanted commercial allotment to enable removal of unauthorised structural work carried out during a prior tenancy - remedy pursued against the tenants of the allotment rather than against the owner Legislation Cited: Civil Procedure Act 2005 Consumer, Trader and Tenancy Tribunal Act 2001, s 28, s 35 Crimes (Appeal and Review) Act 2001, Div 1 and Div 2 of Pt 5, s 52, s 53, s 56, s 59 Strata Schemes Management Act 1996, s 62, s 65, s 65A, s 138, s 145, s 172, s 200 Uniform Civil Procedure Rules 2005, r 50.16 Cases Cited: Eastman v The Queen [2000] HCA 29; (2000) 203 CLR 1 Hood v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 55 Maritime Authority of NSW v Nikolai Rofe [2012] NSWSC 5 Ridis v Strata Plan 10308 [2005] NSWCA 246; (2005) 63 NSWLR 449 Rinbac Pty Ltd v The Owners - Strata Plan 64972 [2010] NSWSC 656; (2010) NSWLR 601 at 605 Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1472 TNT Skypack International (Aust) Pty Ltd v FCT (1988) 82 ALR 175 Category: Principal judgment Parties: The Owners - Strata Plan No. 2172 (Appellant) Arthur Krimbogiannis, Andrew Krimbogiannis, Connie Krimbogiannis (Respondents) Representation: Mr R Kaye SC with Ms P Koroknay (Appellant) Mr D Knoll (Respondents) David Le Page (Appellant) Konstan Lawyers (Respondents) File Number(s): 2012/126027 Publication restriction: None Decision under appeal Date of Decision: 2012-03-28 00:00:00 Before: Consumer, Trader and Tenancy Tribunal Senior Member G Meadows File Number(s): SCS 10/54103