The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 845

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 845 Hearing dates: 9 March 2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Jurisdiction: Common Law Before: Latham J Decision: 1 Leave is granted under s 83 of the Civil and Administrative Tribunal Act 2013 to appeal on a question of law. 2 The appeal is allowed. 3 The decision of the Tribunal dated 8 August 2016 is set aside. Catchwords: ADMINISTRATIVE LAW – application for judicial review – where alternative available remedy to judicial review - errors of law – injustice to the plaintiff that is more than arguable – where Strata Schemes Management Act 1996 considered – where appeal allowed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 83 Strata Schemes Management Act 1996 (NSW) ss 140; 177; 65A; 52; 61; 181; ch 3; 21 Supreme Court Act 1970 (NSW) s 69 Cases Cited: Ainsworth v Albrecht [2016] HCA 40; (2016) 338 ALR 1 Alchin v Daley [2009] NSWCA 418 BKE v Office of Children's Guardian & Anor. [2015] NSWSC 523 Compensation (Dust Diseases) Board of NSW v Smith [2010] NSWCA 19 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Owners Corporation SP7596 v Risidore [2003] NSWSC 966; 1 STR (NSW) 395 Stolfa v Hempton [2010] NSWCA 218; 15 BPR 28,253 Zouk v The Owners Corporation of Strata Plan 4521 & Anor [2005] NSWSC 845 Category: Principal judgment Parties: The Owners ­– Strata Plan No 69140 (Plaintiff) Stephanie Jane Drewe (First Defendant) Civil and Administrative Tribunal of New South Wales (Second Defendant) Representation: Counsel: