Bischoff & Ors v Rita Sahade & Anr [2015] NSWCATAP 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bischoff & Ors v Rita Sahade & Anr [2015] NSWCATAP 135 Hearing dates: 25 September 2014 and 25 February 2015 Date of orders: 08 July 2015 Decision date: 08 July 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member P Wass SC, Senior Member Decision: Appeal allowed. Orders varied as provided in paragraph 169 of the reasons Catchwords: Appeals- jurisdiction of Appeal Panel to determine appeal of Tribunal order following referral under s164 of Strata Schemes Management Act Joinder of party- power to join a person on appeal S162 Appointment of strata managing agent- meaning of management structure, not functioning satisfactorily, Error of law- no evidence Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Strata Schemes Management Act, 1996 Cases Cited: Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 Collins v. Urban [2014] NSWCATAP 17 Coote v Sharpe, Wentzel & Owners Corporation Strata Plan 55434 SCS 05\37316 Jennifer Elizabeth James v The Owners Strata Plan No. SP 11478 (No 4) [2012] NSWSC 590 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA19 at [131] – [132] Kioa and Ors v West [1985] HCA 81; (1985) 159 CLR 550 Mortlock and Anor v The Owners-Strata Plan No 55434 and others [2006] NSWSC 363 Texts Cited: Ritchie's Uniform Civil Procedure NSW at [6.24.5] Category: Principal judgment Parties: Celia Bischoff (first appellant Eckhart Bischoff (second appellant) Carina Gilster (third appellant) Rite Sahade (first respondent) The Owners – Strata Plan 62022 (second respondent) Representation: Counsel:P Gray SC- Appellants M Sahade- first respondent Mr Ton- second respondent Solicitors:David Le Page- Appellants Trinity Legal- First Respondent Mr Ton -Second Respondent: File Number(s): AP 14/46347 formerly AP 140070 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Citation: Not applicable Date of Decision: 19 March 2014 and 9 April 2014 Before: R Buckley File Number(s): SCS 13/35713