Owners Corporation SP 47027 v Peter Clisdell Pty Ltd [2017] NSWCATAP 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 47027 v Peter Clisdell Pty Ltd [2017] NSWCATAP 188 Hearing dates: 22 June 2017 Date of orders: 20 September 2017 Decision date: 20 September 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G K Burton SC, Senior Member Decision: (1) The appeal is dismissed.

(2) Subject to orders 3 and 4, each party is to pay their own costs.

(3) In the event either party contends that a different costs order should be made to that in order 2, the following directions apply:

(a) the party contending for a different costs order (costs applicant) is to file and serve any submissions within 7 days after the date of these orders;

(b) the cost respondent is to file and serve any submissions in response 14 days after the date of these orders;

(c) the costs applicant is to file and serve any submissions in reply 21 days after the date these orders;

(d) the submissions are to include submissions as to power to award costs and whether an order should be made dispensing with a hearing of any cost application pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013.

(4) Order 2 ceases to have effect if either party files and serves submissions contending that a different costs order should be made in accordance with order 3(a). Catchwords: Strata Schemes Management Act- commencement of proceedings on behalf of Owners Corporation; rule in Foss v Harbottle Application by interested person- scope of s 226(1)(b) of the Strata Schemes Management Act 2015 (NSW); Legislation Cited: Civil and administrative Tribunal Act, 2013 (NSW) Strata Schemes Management Act, 1996 (NSW) Strata Schemes Management Act 2015 (NSW) s 181, s 226(1)(b) Cases Cited: Carre v Owners Corporation - SP 53020 [2003] NSWSC 397 Foss v Harbottle [1843] to Hare 461; EngR 478 Texts Cited: Nil Category: Principal judgment Parties: Owners Corporation SP 47027 (Appellant) Peter Clisdell Pty Ltd (First Respondent) Paul O'Brien (Second Respondent) Representation: S McGinn (Appellant) M Cregan (First Respondent) In Person (Second Respondent) File Number(s): AP 17/16314 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 31 March 2017 Before: G Meadows, Senior Member File Number(s): SC 17/13846 and SC 17/13849