The Owners Strata Plan No. 2000 v Bylinska [2019] NSWCATAP 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No. 2000 v Bylinska [2019] NSWCATAP 116 Hearing dates: 17 April 2019 Date of orders: 06 May 2019 Decision date: 06 May 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President J Currie, Senior Member Decision: (1) Time for the lodgement of the Notice of Appeal is extended to 5 February 2019; (2) The appeal is upheld; (3) Orders 1 and 4 made in SC 18/27660 on 21 August 2018 are set aside; (4) The application of the respondent to the appeal in respect of the 1997 Agreement is remitted to the Consumer and Commercial Division of the Tribunal for rehearing; (5) Order (2) above is made on the condition that the appellant takes no action with respect to the existing usage of the storage room the subject of the 1997 Agreement pending further order of the Tribunal; (6) If the appellant seeks costs of the appeal, the appellant must file and serve submissions in respect of costs within 14 days of the publication of these orders; (7) The respondent must file and serve her submissions in response to the appellant's submissions concerning costs within 14 days after the receipt of the appellant's submissions on costs; (8) The parties' submissions on costs should include a submission as to whether the Appeal Panel may dispense with a hearing and determine the question of costs of the appeal on the papers without the necessity of a further hearing. (9) Each party has liberty to apply to the Tribunal, on 7 days' notice to the other party, for any further directions concerning compliance with order (5). Catchwords: Strata – consent orders – jurisdictional error – denial of procedural fairness – right to inspect documents protected by legal professional privilege – extending time under section 41 of the Civil and Administrative Tribunal Act 2013 Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Freehold Development Act 1973 Strata Schemes Management Act 2015 Strata Schemes Management Act NSW 1996 Cases Cited: Eastmark Holdings Pty Limited v Kabraji (No 3) [2012] NSWSC 1463 EB 9 & 10 Pty Ltd v The Owners SP 934 (No 2) [2018] NSWSC 546 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 The Owners - Strata Plan No. 74602 v Eastmark Holdings Pty Limited [2013] NSWCA 221 Texts Cited: Nil Category: Principal judgment Parties: The Owners Strata Plan No. 2000 (Appellant) Elizabeth Bylinska (Respondent) Representation: Solicitors: E Russell, Chambers Russell (Appellant) File Number(s): AP 19/05878 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 21 August 2018 Before: G Towney, General Member File Number(s): SC 18/27660