Breecass Pty Ltd v The Owners - Strata Plan No 61419; The Owners - Strata Plan No 61419 v Breecass Pty Ltd [2019] NSWCATCD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Breecass Pty Ltd v The Owners - Strata Plan No 61419; The Owners - Strata Plan No 61419 v Breecass Pty Ltd [2019] NSWCATCD 10 Hearing dates: 25, 26 and 27 February 2019 Date of orders: 27 February 2019 Decision date: 27 February 2019 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, Senior Member Decision: 1. The Tribunal orders that the proceedings: (a) be transferred to the Sydney Registry of the Supreme Court of NSW (in accordance with the rules of that court), and (b) continue before that court as if they had been instituted there. 2. Order 1 above applies to both matter SC 18/13154 and matter SC 18/23687.

3. Any costs issue within the jurisdiction of the Tribunal regarding the transfer of the proceedings arising from order 1 above is to be determined by the Tribunal in the following manner: (a) Any costs application by the owners corporation by reason of the transfer is to be made in writing, supported by written submissions not exceeding 7 pages, filed with the Tribunal and served on Breecass Pty Ltd on or before 14 days from the date on which the reasons of the Tribunal regarding order 1 above are published. Such submissions are to include whether or not there is consent to the issue of costs being determined on the papers. (b) Any submissions in response by Breecass Pty Ltd (not exceeding 7 pages) are to be filed with the Tribunal and served on the owners corporation on or before 14 days thereafter. (c) Any submissions by the owners corporation in reply to the submissions by Breecass Pty Ltd (not exceeding 4 pages) are to be filed with the Tribunal and served on Breecass Pty Ltd on or before 7 days after direction 2 (b) above. (d) Any application to extend or otherwise vary the timetable regarding submissions on costs is to be made in writing to the Tribunal with a copy sent to the other party. The Tribunal may extend the timetable if appropriate to do so. (e) Subject to the submissions of the parties, the Tribunal will determine the issue of costs on the papers in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: STRATA SCHEMES---Practice and procedure---Transfer of proceedings to a court---Dispute involving a building management agreement---Whether Tribunal has jurisdiction---Whether transfer of one or both proceedings appropriate Legislation Cited: Australian Consumer Law 2010 Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Residential Tenancies Act 2010 (NSW) Strata Schemes Management Act 1996 (NSW Strata Schemes Management Act 2015 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: ASIC v Rich [2005] NSWSC 489 Commonwealth Bank of Australia v QBE Insurance (Australia) Ltd [2018] NSWSC 1440 Gunner v Lawrence; Lawrence v Gunner [2015] NSWCATACD 127 Guo v The Owners Strata Plan No 70067 [2017] NSWCATAP 260 Lawrence v Gunner [2016] NSWCA 216 Lawrence v Gunner [2016] NSWCA 216 Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 1229. Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 944 McElwaine v The Owners-Strata Plan No 75975 [2017] NSWCA 239 Old v McInnis and Hodgkinson [2011] NSWCA 410 Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221 RCR Resolve FM v Serco Australia Reynolds v Body Corporate for Mount View Apartments [2018] QCAT 283 Ridis v Strata Plan 10308 [2005] NSWCA 246; (2005) 63 NSWLR 449 Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 The Owners-Strata Plan 50276 v Thoo [2013] NSWCA 270 Walsh v The Owners-Strata Plan No 10349 [2017] NSWCATAP 230; Category: Procedural and other rulings Parties: Matter SC 18/13154: Breecass Pty Ltd (Applicant) The Owners - Strata Plan No 61419 (Respondent)