Guo v The Owners Strata Plan No 70067 [2018] NSWCATAP 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Guo v The Owners Strata Plan No 70067 [2018] NSWCATAP 260 Hearing dates: 21 August 2018 Date of orders: 02 November 2018 Decision date: 02 November 2018 Jurisdiction: Appeal Panel Before: Prof I Bailey AM SC, Senior Member G Sarginson, Senior Member Decision: In AP 18/25774 1. To the extent necessary leave to appeal is refused. 2. Appeal dismissed.

In AP 18/34399 3. Leave to Appeal refused 4. Appeal dismissed 5. Application for Stay refused

In both Appeals 6 Any application for costs of the appeal along with submissions and documentation to be filed in the Tribunal and served on or before 14 days from the date of this decision. 7. Any reply to the costs application including submissions and documentation to be filed in the Tribunal and served on or before 14 days thereafter. The submissions are to address whether the decision on costs may be made on the papers. Catchwords: APPEAL – Strata Schemes – Appellant sought declarations as to s 104 of the Strata Schemes Management Act - power of Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: Collins v Urban [2014] NSWCATAP 17 EB 9 & 10 Pty Ltd v The Owners SP 934 [2018] NSWSC 464 Walsh v The Owners SP No 10349 [2017] NSWCATP 230 Category: Principal judgment Parties: Zhi Jun Guo, (Appellant ) The Owners –Strata Plan 70067, (Respondent) Representation: Solicitors: Appellant self-represented Sachs Gerace Broome (Respondent) File Number(s): AP 18/25774 and AP 18/34399 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Before: Senior Member L Wilson File Number(s): SC 18/01482