Felcher v The Owners – Strata Plan No 2738 [2017] NSWCATAP 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Felcher v The Owners – Strata Plan No 2738 [2017] NSWCATAP 219 Hearing dates: 31 October 2017 Date of orders: 29 November 2017 Decision date: 29 November 2017 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member J McAteer, Senior Member Decision: Leave to appeal is refused The appeal is dismissed. Catchwords: Strata Schemes Management Act – Appeal from decision of the Tribunal - Leave to Appeal – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA Collins v Urban[2014] NSWCATAP 17 Gao v Agosti [2009] NSWCTTT 175 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Ferrucio Felcher (Applicant) The Owners – Strata Plan No 2738 (First Respondent) L and D Benner (Second Respondents) Strata Choice Associates Pty Ltd (Third Respondent) Representation: F Felcher (Appellant in person) D Russell, Solicitor represented the First Respondent File Number(s): AP 17/30373 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 June 2017 Before: G Sarginson, Senior Member File Number(s): SC 17/04598