McGinn v Shoebridge [2019] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGinn v Shoebridge [2019] NSWCATAP 107 Hearing dates: 12 June 2018 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Appeal Panel Before: F. Corsaro SC, Senior Member J Kearney, Senior Member Decision: ORDERS: (1) Appeal dismissed. (2) Leave to appeal refused.

DIRECT: (1) If the Respondents wish to seek an order for costs of this appeal in their favour, they are to file and serve a short outline of submissions as to why the Appeal Panel should make such an order and as to whether the question of costs should be determined on the papers within 14 days; (2) If the Appellant opposes any costs order being made, the appellant is to file and serve a short outline of submissions as to why such an order should not be made and dealing with whether the issue of costs should be determined by the Appeal Panel on the papers 14 days after receipt of the Respondents' submissions on costs; and (3) The Respondents are to file and serve any reply submissions on costs within 14 days after service of the Appellant's submissions. Catchwords: APPEALS – no question of law – leave to appeal refused – no question of principle STRATA TITLES - claimed irregularities in conduct of strata scheme – meetings – poll vote or secret ballot Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Briginshaw v Briginshaw (1938) 60 CLR 336 Collins v Urban [2014] NSWCATAP 17 TAG Aviation Pty Ltd v Kirk [2017] NSWCATAP 41 Mifsud v Campbell (1991) 21 NSWLR 725 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Segal v Waverley Council (2005) 64 NSWLR 177 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Sophia McGinn, (Appellant) Robert Shoebridge, (First Respondent) Will Campbell, (Second Respondent) Representation: Solicitors: S McGinn (Self-Represented) (Appellant) Clyde & Co solicitors (Respondents) File Number(s): AP18/14932 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 March 2018 Before: D. Charles, Senior Member File Number(s): SC 17/37534