McClenahan v Owners Corporation SP69904 [2017] NSWCATAP 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McClenahan v Owners Corporation SP69904 [2017] NSWCATAP 112 Hearing dates: 11 April 2017 Date of orders: 22 May 2017 Decision date: 22 May 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Seiden SC, Principal Member Decision: (1) Leave is given to the appellant to amend the Notice of Appeal to seek leave to appeal.

(2) Leave to appeal is refused and the appeal dismissed. Catchwords: Strata Schemes Management Act- Section 183- application to reallocate units, requirement for valuation, date of valuation and certificate, date of registration of strata plan, relevance of plan of consolidation in determining date for valuation, initial unit allocation unreasonable.

Procedural fairness- cross-examination of expert where no opposing expert evidence, permissibility, opportunity to make submissions re answers given.

Leave to appeal- Evaluation of evidence, finding available Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Interpretation Act, 1987 Strata Schemes (Freehold Development) Act 1973 Strata Schemes (Leasehold Development) Act 1986 Strata Schemes Management Act, 1996 Strata Schemes Management Act, 2015 Cases Cited: ADCO Constructions Pty Ltd v Goudappel (2014) CLR 1 Anderson Stuart v Treleaven [2000] NSWSC 283:49 NSWLR 88 Collins v Urban [2014] NSWCATAP 17 Sahade v The Owners - Strata Plan 62022 [2014] NSWCA 2008 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Richard Lawrence McClenahan (Appellant) Owners- Strata Plan SP 69904 and others in Annexure A (Respondents) Representation: Solicitors: In person (Appellant) Mr S Faust for the Owners Corporation, Mr G Tan for P Tan and Mr A Kassis for A&S United Holdings Pty Ltd (Respondents) File Number(s): AP 16/53191 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 16 November 2016 Before: P Boyce, Senior Member File Number(s): SCS 16/35490