The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Hearing dates: 30 November 2017 Date of orders: 08 January 2018 Decision date: 08 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Seiden SC, Principal Member Decision: 1. The appeal is allowed in part. 2. Order 1 made in application SC 17/07455 on 30 August 2017 is varied as follows: The Owners- Strata Plan SP30621 is to pay Albert Shum the sum of $28,034.11 within 7 days of the date of these orders. Subject to order 4, each party is to pay their own costs of the appeal. 3. In the event a party (costs applicant) contends that an order different to order 3 should be made, the following orders and directions are made: the costs applicant is to file any application for costs (cost application) within 14 days from the date these orders are published, such application to include any evidence and submissions, including submissions about whether an order can be made dispensing with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013. The respondent to the costs application is to file and serve any evidence and submissions in reply within 21 days from the date of these orders, including submissions about whether an order can be made dispensing with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013. The costs applicant is to file any submissions in reply within 28 days from the date of these orders. Order 3 ceases to have effect if a cost application is filed in the time permitted by these orders. 4. Liberty to either party to apply to the Appeal Panel to adjust the amount in order 2 in accordance with the reasons above, such liberty to be exercised within 7 days of the date of these orders. 5. Any issue arising from the exercise of the liberty granted by order 5 may be dealt with by a single member of the Appeal Panel, differently constituted. Catchwords: Statutory interpretation- Strata Schemes Management Act- jurisdiction of the Tribunal to determine claim for damages for breach of statutory duty, meaning of "settle a dispute or complaint", meaning of "about" when defining disputes by reference to subject matter, retrospective operation of statutory cause of action, limitation on amount that may be awarded for damages.