Owners Corporation SP 72521 v Walsh [2016] NSWSC 1134

Supreme Court New South Wales

Medium Neutral Citation: Owners Corporation SP 72521 v Walsh [2016] NSWSC 1134 Hearing dates: 05 August 2016 Date of orders: 05 August 2016 Decision date: 05 August 2016 Jurisdiction: Common Law Before: Fagan J Decision: 1. The defendants' notice of motion filed 21 June 2016 is dismissed. 2. The defendants are to pay the plaintiff's costs of the notice of motion. Catchwords: PRACTICE AND PROCEDURE – civil law – summons for summary dismissal of appeal – appeal from member of Civil and Administrative Tribunal – whether the appeal is competent – whether Division decision was internal or external appeal decision – Civil and Administrative Tribunal Act 2013 (NSW), s 83 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 1996 (NSW) Supreme Court Act 1970 (NSW) Category: Procedural and other rulings Parties: Owners Corporation of Strata Plan No 72521 (Plaintiff/Applicant) Patrick Walsh (1st and 2nd Defendants/Respondents) Representation: Counsel: Mr David Lloyd (Plaintiff)

Solicitors: Mr Tom Bacon (Defendants) File Number(s): 2016/168569 Publication restriction: Nil

Judgment 1. Before the Court is a notice of motion filed by the defendants, Patrick Walsh and Karen Best who are owners of a ground floor unit in a strata plan building at Potts Point. The plaintiff is the Owners Corporation of Strata Plan 72521 ("Owners Corporation"). By the summons with which these proceedings were commenced the plaintiff Owners Corporation seeks leave pursuant to s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW) to appeal on a question of law from a decision made in the Tribunal by Member Cohen. The defendants' notice of motion is for orders that leave be refused and the appeal be dismissed summarily; alternatively that the appeal be transferred to the Appeals Panel of the Tribunal.