The Owners - Strata Plan No 6097 v Placanica [2019] NSWCATAP 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 6097 v Placanica [2019] NSWCATAP 85 Hearing dates: 25 March 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President A Boxall, Senior Member Decision: (1) The appeal is dismissed; (2) The lot owners (the Respondents) are to file and serve submissions with respect to costs of the appeal within 14 days of today's date; (3) The Owners Corporation (the Appellant) is to file and serve its submissions with respect to costs within 14 days thereafter; (4) The lot owners are to file and serve any submissions in reply within 7 days thereafter; and (5) Submissions should include a submission as to whether the Tribunal may decide the question of costs on the papers and dispense with a hearing (see s 50 of the Act) Catchwords: Appeals - jurisdictional error – proceedings for the imposition of a civil penalty – appeals to the Tribunal or to a Court Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 1996 (NSW) Cases Cited: Ex Parte Hebburn Limited; re Kearsley Shire Council. Ex Parte J & A Brown and Abermain Seaham Collieries Ltd; re Kearlsey Shire Council 1947 SR NSW 416 EXU17 v Minister for Immigration and Border Protection [2018] FCA 1675 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Plaintiff S157/2002 v Commonwealth of Australia [2003] 211 CLR 476 Texts Cited: Nil Category: Principal judgment Parties: The Owners - Strata Plan No 6097 (Appellant) Francesco Placanica and Maria Placanica (Respondents) Representation: Counsel: Mr D Knoll AM (Appellant) Mr A Byrne (Respondents)