The Owners SP 2594 v Dangerfield [2014] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners SP 2594 v Dangerfield [2014] NSWCATAP 117 Hearing dates: On the papers Decision date: 23 December 2014 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President M Harrowell, Principal Member Decision: The appeal is dismissed. Catchwords: NSW CIVIL AND ADMINISTRATIVE TRIBUNAL - jurisdiction of Appeal Panel -decision to impose civil penalty Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 1996 (NSW) Cases Cited: Brookfield v Owners Corporation Strata Plan 61288 [2014] HCA 36Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: The Owners SP 2594 Gary Dangerfield Representation: Stuart Latham Solicitor (Appellant) File Number(s): AP 14/46386 Publication restriction: Nil Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-04-30 00:00:00 Before: S Thode File Number(s): SCS 14/16339

reasons for decision 1The Owners of Strata Plan 2594 have appealed against a decision of the Tribunal imposing the maximum a civil penalty on Mr Dangerfield of $550 under s 203 of the Strata Schemes Management Act 1996 (NSW). The Owners contend that the order should have been made under s 202 of that Act and that the maximum penalty in that case is $5,500. For the reasons that we give below, the Appeal Panel has no jurisdiction to hear this appeal. 2Section 80 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) allows a party to appeal to the Appeal Panel against an "internally appealable decision". An "internally appealable decision" is a decision of the Tribunal or a registrar over which the Tribunal has internal appeal jurisdiction: NCAT Act, s 32(4). The Appeal Panel has jurisdiction to hear appeals from "any decision made by the Tribunal in proceedings for a general decision or administrative review decision": NCAT Act, s 32(1). 3A decision under s 203 of the Strata Schemes Management Act falls within the general jurisdiction of the Tribunal: NCAT Act, s 29. But s 32(3) excludes from the Tribunal's internal appeal jurisdiction "any decision of the Tribunal in proceedings for the imposition of a civil penalty in exercise of its general jurisdiction". As the proceedings commenced under s 202 or 203 of the Strata Schemes Management Act are proceedings for the imposition of a civil penalty, the Appeal Panel has no jurisdiction to entertain an appeal from such a decision. Mr Dangerfield may appeal against the imposition of a civil penalty to the "appropriate appeal court" on a question of law: NCAT Act, s 83(2). 4The appeal is dismissed. I hereby certify that this is a true and accurate record of the reasons for decision of the New South Wales Civil and Administrative Tribunal. Registrar I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 23 December 2014