Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230 Hearing dates: 01 November 2017 Date of orders: 18 December 2017 Decision date: 18 December 2017 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President T Simon, Senior Member Decision: (1) The appeal is dismissed.

(2) The appellant's application for costs is refused.

(3) The respondent's application for costs is refused. Catchwords: Strata schemes - where appellant applied for orders under section 232 of the Strata Schemes Management Act 2015 (NSW) – where Tribunal found it had no jurisdiction to make the orders sought – whether Tribunal made an error of law – whether leave should be granted for appellant to appeal on grounds other than a question of law Legislation Cited: Strata Schemes Management Act 2015 (NSW), ss 3, 4, 9, 57, 74, 79, 106, 108, 126, 226, 232, 240, 241, 245 and Pt 6 Strata Schemes Management Act 1996 (NSW) (repealed), s 138 Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 60, 80 and 81 Strata Schemes Development Act 2015 (NSW), s 4 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bugeja v Hatgiantounio [2002] NSWCA 132 Collins v Urban [2014] NSWCATAP 17 Crawley v Cochrane (Supreme Court (NSW), 14 October 1998, Cohen J, unrep) Franks v Consumer Trader and Tenancy Tribunal [2013] NSWSC 341 The Owners – Strata Plan No 37762 v Pham [2006] NSWSC 1287 Texts Cited: Mick Woodley ed, Osborn's Concise Law Dictionary, (11th ed 2009, Sweet & Maxwell) Category: Principal judgment Parties: Piroska Walsh (Appellant) The Owners - Strata Plan No 10349 (Respondent) Representation: F Lengyel (agent for Appellant) J S Mueller & Co Lawyers (Respondent) File Number(s): AP 17/29898 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 June 2017 Before: S Thode, Senior Member File Number(s): SC 17/11273