Manbead Pty Ltd v The Owners - Strata Plan No 87635 [2016] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Manbead Pty Ltd v The Owners - Strata Plan No 87635 [2016] NSWCATAP 167 Hearing dates: 3 June 2016 Date of orders: 26 July 2016 Decision date: 26 July 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President D Goldstein, Senior Member Decision: (1) The application to extend time to lodge the notice of appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – standing to appeal – consent orders – no order relating to appellant – whether appeal should be accepted out of time Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Sch 4, cl 8(1) and 8(3), s 32(4), s 41, s 59, s 80. Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Home Building Act 1989 (NSW), s 48A, s 48K Cases Cited: Gallo v Dawson [1990] HCA 30, 93 ALR 479 Jackamarra v Krakouer (1998) 195 CLR 516 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nanschild v Pratt [2011] NSWCA 85 S & G Homes Pty Ltd t/as Pavilion Homes v Owen [2015] NSWCATAP 190 Category: Principal judgment Parties: Manbead Pty Ltd (Appellant) The Owners - Strata Plan No 87635 (1st Respondent) G D'Amico (2nd Respondent) Representation: Counsel: M Dawson (Appellant) I George (1st Respondent)

Solicitors: Maguire & McInerney Lawyers (Appellant) 2nd Respondent (self-represented) File Number(s): AP 16/15851 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 May 2015 Before: M Harrowell, Principal Member File Number(s): HB 15/02899