Rodny v Stricke [2018] NSWCATAP 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rodny v Stricke [2018] NSWCATAP 136 Hearing dates: 4 April 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Seiden SC, Principal Member Decision: 1. The appellants are granted leave to appeal the interlocutory decision made on 29 January 2018.

2. In respect of the appeal against the condition imposed in respect of representation of the appellants by an Australian legal practitioner other than Mr Le Page and his firm, the appeal is dismissed.

3. In respect of the appeal against the grant of leave for the respondents to be legally represented, the appeal is allowed in part and the order is varied to read as follows:

a) Leave is given to the respondents to be legally represented.

b) The preceding order is conditional on the Owners Corporation not being represented by the same Australian legal practitioner or law firm as the other respondents unless the Owners Corporation in general meeting approves such an appointment. Catchwords: PRACTICE AND PROCEDURE – representation – s 45 of the Civil and Administrative Tribunal Act 2013 – legal representation – condition preventing particular lawyer – applicable principles in granting leave and imposing conditions.

INTERLOCUTORY DECISION – leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bowen v Stott [2004] WASC 94 Carindale Country Club Estate Pty Ltd v Astill (1993) 42 FCR 307 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Cleveland Investments Global Ltd v Evans [2010] NSWSC 567 Connell v Pistorino [2009] VSC 289 Cooper v Winter [2013] NSWCA 261 D & J Construction Pty Ltd v Head (1987) 9 NSWLR 118 Eastmark Holdings Pty Ltd Limited v Kabraji (No 3) [2012] NSWSC 1463 House v The King (1936) 55 CLR 499 Kallinicos & anor v Hunt & ors (2005) NSWSC 1181 Mancini v Mancini [1999] NSWSC 800 Murray v Macquarie Bank Ltd (1991) 33 FCR 46 O'Reilly v Commissioner of State Bank of Victoria (1982) 153 CLR 1 Prince Jefri Bolkiak v KPMG [1999] 2 AC 222 The Owners – Strata Plan 58068 v Fair Trading Administration Corporation [2009] NSWSC 850 The Owners – Strata Plan No. 74602 v Eastmark Holdings Pty Limited [2013] NSWCA 221 Yamaji v Westpac Banking Corp (No 1) (1993) 42 FCR 431 Category: Principal judgment Parties: First Appellant: Laurence Rodny Second Appellant: Communications Power Incorporated (Aust) Pty Ltd First Respondent: Angela Stricke Second Respondent: Helen Meddings Third Respondent: Natalie Stoianoff Fourth Respondent: David Kallaway Fifth Respondent: Vlad Sofreski Sixth Respondent: The Owners – Strata Plan No 56911 Representation: Appellant: R Kaye SC Respondent: S Hartford Davis