Malcolm Patrick and Margarita Patrick v The Owners-Strata Plan No 9079 [2014] NSWCATCD 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Malcolm Patrick and Margarita Patrick v The Owners-Strata Plan No 9079 [2014] NSWCATCD 232 Hearing dates: 16 September 2014 Decision date: 02 December 2014 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: The appeal is dismissed Catchwords: Jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer Trader and Tenancy Tribunal Act 2001 Interpretations Act 1976 Strata Schemes Management Act 1996 Cases Cited: Blue Haven Pools & Spas Pty Ltd v Cunningham and Anor [2011] NSWSC 1435 GPT Funds Management 2 Pty Limited v Footwear Trading Group Pty Ltd [2013] NSWDC 199 Vescio v Westpac Banking Corporation [2003]NSWSC 1270 Brennan v New South Wales Land and Housing Corporation; New South Wales Land and Housing v Brennan [2011] NSWCA 298 Trinh & Nguyen v Cross (Tenancy) [2009] NSWCTTT 325 Category: Principal judgment Parties: Malcolm Patrick and Margarita Patrick (applicants) The Owners-Strata Plan No 9079 (respondent) Representation: Counsel: None Solicitors: Appellant: Jane Crittenden, Lawyer Respondent: Lawyers Chambers on Riley File Number(s): SCS 14/29654 Publication restriction: Unrestricted

reasons for decision

Application 1. This is an appeal pursuant to s 177 of the Strata Schemes Management Act 1996 ("SSMA") against the order of a Strata Adjudicator.

Jurisdiction 1. S 28 of the Civil and Administrative Tribunal Act 2013 ("CATA") provides that the NSW Civil and Administrative Tribunal ("Tribunal") has jurisdiction and functions as may be conferred or imposed on it by or under this Act or any other legislation. 2. The Dictionary to the SSMA provides that for the purposes of the Act "Tribunal" means Civil and Administrative Tribunal 3. S 181 of the SSMA provides that the Tribunal may determine an appeal against an order of an Adjudicator by an order affirming, amending or revoking the order appealed against or substituting its own order for the order appealed against. 4. The appellants are lot owners in Strata Scheme 9079. 5. The respondent is the Owners Corporation of Strata Plan 9079. 6. The appellants contend that Tribunal has jurisdiction to hear and determine the appeal. 7. The respondent submits that the Tribunal lacks jurisdiction to determine this appeal on the grounds that the appeal was filed out of time and therefore the Tribunal has no jurisdiction to determine the appeal. 8. This decision and reasons for decision relate only to the question of jurisdiction.