The Owners - Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Owners - Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 Hearing dates: 24 November 2014 Decision date: 05 December 2014 Before: Basten JA at [1]; Macfarlan JA at [36]; Meagher JA at [37] Decision: (1) Set aside order (2) (dismissing the applicant's appeal) and order (3) (that the applicant pay the respondents' costs) made in the District Court on 28 May 2013. (2) Order that the first, second and third respondents pay the applicant's costs in this Court, other than costs thrown away by the abandonment of the hearing on 11 June 2014, as to which the applicant is to pay the respondents' costs. (3) Grant the respondents a certificate under the Suitors' Fund Act 1951 (NSW). [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 - judicial review - error of law - whether District Court erred as to scope of statutory obligations of owners' corporation to maintain and repair common property - appeal from decision of Consumer, Trader and Tenancy Tribunal dismissed - no appeal from order of District Court - substantive issue between the parties no longer exists - respondents seeking to maintain favourable costs order in court below - public interest in addressing erroneous construction of powers and obligations of an owners' corporation -whether relief should be declined on discretionary basis