Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 [2019] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feedback Deli Pty Ltd v The Owners – Strata Plan No 36613 [2019] NSWCATAP 6 Hearing dates: 6 December 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member A Boxall, Senior Member Decision: (1) Leave to appeal granted; (2) Appeal allowed; (3) Matter remitted to the Tribunal constituted by a different Member for reconsideration; (4) Feedback Holdings Pty Ltd is joined as an applicant to the remitted proceedings; (5) If the appellants seek costs, they should file and serve submissions by 14 January 2019; (6) The respondent may respond by 29 January 2019. (7) Amendment pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: PRACTICE AND PROCEDURE – whether Tribunal erred in failing to join a party, and subsequently dismissing proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: John Alexander's Clubs Pty Ltd v White City Tennis Club Limited [2010] HCA 19 Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Walsh v The Owners-Strata Plan No 10349 [2017] NSWCATAP 230 Texts Cited: Nil Category: Principal judgment Parties: Feedback Deli Pty Ltd (First Appellant) Feedback Holdings Pty Ltd (Second Appellant) Mr M Lipschitz (Third Appellant) The Owners – Strata Plan No 36613 (Respondent) Representation: Counsel: C Birch (Appellants) M Bradford (Respondent)