Sahade v Gilster [2016] NSWCATAP 245

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sahade v Gilster [2016] NSWCATAP 245 Hearing dates: 18 October 2016 Date of orders: 15 November 2016 Decision date: 15 November 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President B Tamberlin QC, Principal Member Decision: The appeal is dismissed. Catchwords: STATUTORY INTERPRETATION – meaning of "change in the permitted land use" in s 183(2)(b) of the Strata Schemes Management Act 1996 – meaning of "the same validity and effect as it would have had if the error or omission had not occurred" in s 12(1)(c) of the Real Property Act 1900 (NSW) Legislation Cited: Strata Schemes Management Act 1996 (NSW) s 183(2) Real Property Act 1900 (NSW), s 12(1) Strata Schemes (Freehold Development) Act 1973 (NSW), s 5(1) Cases Cited: Rita Sahade v Owners Corporation SP 62022 [2013] NSWSC 1791 (3 December 2013) Category: Principal judgment Parties: Rita Sahade (Appellant) Carina Gilster (1st Respondent) Eckhart Bischoff (2nd Respondent) Celia Bischoff (3rd Respondent) Owners Corporation Strata Plan 62022 (4th Respondent) Representation: Counsel: B Walker SC (Appellant) C Birch SC (1st, 2nd and 3rd Respondents)

Solicitors: Trinity Legal (Appellant) Le Page Lawyers (1st, 2nd and 3rd Respondents) File Number(s): AP 16/32513 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 June 2016 Before: S Thode, Senior Member File Number(s): SCS 15/44553