Gleeson v The Owners – Strata Plan No 48226 [2018] NSWCATAP 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gleeson v The Owners – Strata Plan No 48226 [2018] NSWCATAP 204 Hearing dates: 29 June 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member G Sarginson, Senior Member Decision: (1) The appeal is allowed, and the orders of the Consumer and Commercial Division of the Civil and Administrative Tribunal quashed. (2) Remit the matter to the Consumer and Commercial Division of the Civil and Administrative Tribunal constituted by a member other than the member who made the original decision, to be determined in accordance with these reasons and otherwise according to law. (3) The Appellants are file and serve written submissions in relation to costs on or before 7 September 2018. (4) The Respondent is file and serve written submissions in relation to costs on or before 14 September 2018. Catchwords: APPEALS – Adequacy of reasons – whether the Civil and Administrative Tribunal failed to take into account "key" considerations raised by the appellant at the first hearing

RES JUDICATA – whether the doctrines of res judicata and issue estoppel bind the Consumer and Commercial Division of the Civil and Administrative Tribunal from hearing a strata schemes dispute in circumstances where a Strata Schemes Adjudicator had determined a similar issue in 2006 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Titles Act 1973 (NSW) Cases Cited: Akkari v Sartor [2015] NSWCATAP 79 Camilleri v Eastlake [2018] NSWCATAP 176 CG Constructions Pty Ltd v Hansen Constructions Materials Pty Ltd [2017] NSWCATAP 130 Maganja v Arthur [1984] 3 NSWLR 561 Moloney v Collins [2011] NSWSC 628 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Owners Corporation Strata Plan 7596 v Risidore [2003] NSWSC 966 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Halsburys (online version) Category: Principal judgment Parties: Paul Gleeson (First Appellant) Michael Trovato (Second Appellant) Ranjit Kaur (Third Appellant) K Singh (Fourth Appellant) Wing Sze Yeung (Fifth Appellant) Stephanie Messina (Sixth Appellant) Lisa Sutton (Seventh Appellant) Katraina See-Kay Lui (Eighth Appellant) Leonard Pinto Messias (Ninth Appellant)