Brett v Warhaftig [2018] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brett v Warhaftig [2018] NSWCATAP 167 Hearing dates: 15 May 2018 Date of orders: 11 July 2018 Decision date: 11 July 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: The appeal is dismissed. Catchwords: STRATA SCHEMES MANAGEMENT ACT 2015 – Reallocation of unit entitlements – requirement for valuation of lots – insufficiency of evidence – opportunity to provide evidence – obligation of Tribunal to advise where evidence insufficient Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Strata Schemes Management Act, 1996 (NSW) Strata Schemes Management Act, 2015 (NSW) Cases Cited: AFJ Software Pty Ltd v Wine Nomad Pty Ltd [2015] NSWCATAP 226 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Fairey Australasia Pty Ltd v Joyce [1981] 2 NSWLR 314 Mraz v R (1955) 93 CLR 493 at 514; [1955] HCA 59 Sahade v Owners Corporation SP 62022 [2015] NSWCATAP 146 Sahade v The Owners – Strata Plan 62022 [2014] NSWCA 208 State Rail Authority v Consumer Claims Tribunal and others (1988) 14 NSWLR 474 Category: Principal judgment Parties: Jonathan Keith Brett (Appellant) Susan Warhaftig (First Respondent) Samuel Lackey (Second Respondent) Julie Mountford (Third Respondent) The Owners – Strata Plan 71497 (Fourth Respondent) Representation: Appellant: In person S Lackey (in person) for all respondents File Number(s): AP 18/11001 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Opportunity Division Citation: Not applicable Date of Decision: 27 February 2018 Before: J Smith, Senior Member File Number(s): SC 17/50796