Anderson v The Owners - Strata Plan No. 61034 [2019] NSWCATAP 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anderson v The Owners - Strata Plan No. 61034 [2019] NSWCATAP 61 Hearing dates: 12 February 2019 Date of orders: 19 March 2019 Decision date: 19 March 2019 Jurisdiction: Appeal Panel Before: Dr R. Dubler SC, Senior Member J. McAteer, Senior Member Decision: (1) Appeal AP18/45142 is dismissed and leave to appeal is refused. (2) If either party seeks a costs order the following directions apply:. (a) The applicant for costs ("costs applicant") must file and serve any costs application, including submissions and any evidence in support, within 7 days of the date of these orders. (b) The respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days from the date of these orders. (c) The costs applicant is to file any submissions in reply within 21 days from the date of these orders. (d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application. Catchwords: STRATA SCHEME – legal test for an owners corporation not functioning satisfactorily pursuant to s.237(3)(a) of the Strata Schemes Management Act – legal test for an owners corporation failing to perform one or more of its duties pursuant to s.237(3)(c) of the Strata Schemes Management Act

APPEAL – whether findings that the Scheme was functioning satisfactorily, that agreements were not harsh or unconscionable or for an improper purpose were manifestly unreasonable and against the weight of evidence – whether the Tribunal failed to consider facts, submissions and matters put forward so as to deny the appellants procedural fairness Legislation Cited: Civil And Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2016 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] 45 LGR 635 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Lo v Chief Commissioner of State Revenue [2013] 85 NSWLR 86 Rathchime Pty Ltd v Willat [2017] NSWCATAP 87 Yates Property Corporation Pty Ltd (In Liquidation) v Darling Harbour Authority 24 NSWLR 156 Texts Cited: Nil Category: Principal judgment Parties: Colleen Anderson and Kenneth Anderson (Appellants) The Owners - Strata Plan No. 61034 (Respondent) Representation: Counsel: T. Berberian (Respondents)