Sahade v Owners Corporation SP 62022 [2015] NSWCATAP 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sahade v Owners Corporation SP 62022 [2015] NSWCATAP 146 Hearing dates: 17 June 2015 Date of orders: 21 July 2015 Decision date: 21 July 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member L Robberds QC, Senior Member Decision: (1) Appeal dismissed. (2) Any application for costs is to be filed and served within 14 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application. (3) The party against whom any application for costs is made must file and serve any submissions and material in reply within 28 days from the date of these orders. (4) The applicant for costs is to file any submissions in reply within 35 days from the date of these orders. (5) The submissions by the parties are also to address the question of whether or not any application for costs should be dealt with on the papers and whether the Tribunal should make an order to allow this to occur. Catchwords: Strata Schemes Management Act- reallocation of unit entitlements, exercise of discretion Legislation Cited: Strata Schemes Management Act, 1996 Cases Cited: Sahade v Owners Corporation SP 62022 [2013] NSWDC 95 Sahade v The Owners – Strata Plan 62022 [2014] NSWCA 208 House v The King [1936] 55 CLR 499. Sharpe v Wakefield [1891] AC 173 Texts Cited: Nil Category: Principal judgment Parties: Rita Sahade (appellant) Owners Corporation SP 62022 (first respondent) Carina Gilster (second respondent) Celia Bischoff (third respondent) Eckhart Bischoff (fourth respondent) Representation: Counsel: Mr Walker SC and M Sahade(appellant) Dr C Birch SC (second, third and fourth respondents) Solicitor: Mr Ton (first respondent) File Number(s): AP 15/08174 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Citation: Rita Sahade v The Owners – Strata Plan No 62022 and Ors [2015] NSWCATCD 5 Date of Decision: 13 January 2015 Before: S Thode, Senior Member File Number(s): SCS 11/52841