Cahn v The Owners – Strata Plan No 586 [2018] NSWCATAP 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cahn v The Owners – Strata Plan No 586 [2018] NSWCATAP 234 Hearing dates: 4 September 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Seiden SC, Principal Member Decision: (1) Leave to appeal is refused and the appeal is dismissed. (2) No order for costs. Catchwords: STRATA SCHEMES MANAGEMENT ACT – order for removal of dog – assistance animal within the meaning of the Disability Discrimination Act, 1992 (Cth) – whether concession made that dog was not an assistance animal – competing evidence concerning conduct and management of dog – relevance of subsequent evidence regarding proposed training Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) The Constitution (Cth) Disability Discrimination Act, 1992 (Cth) Strata Schemes Management Act, 1996 (NSW) Strata Schemes Management Act, 2015 (NSW) Strata Schemes Management Regulation, 1997 (NSW) Strata Schemes Management Regulation, 2016 (NSW) Supreme Court Act, 1970 (NSW) Cases Cited: Burns v Corbett; Burns v Gaynor; Attorney General for New South Wales v Burns; Attorney General for New South Wales v Burns; New South Wales v Burns [2018] HCA 15 Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 Coleman v Power (2004) 220 CLR 1; [2004] HCA 39 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Small v K & R Fabrications (W'gong) Pty Ltd [2016] NSWCA 70 Suttor v Gundowda (1950) 81 CLR 418; [1950] HCA 35 White v Betalli (2006) 66 NSWLR 690; [2006] NSWSC 537 Zistis v Zistis [2018] NSWSC 722 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Tracy Cahn Respondent: The Owners – Strata Plan 586 Representation: Appellant: In person Respondent: J Crittenden (Solicitor)