Chen v Owners Strata Plan No. 55792 [2019] NSWCATAP 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v Owners Strata Plan No. 55792 [2019] NSWCATAP 135 Hearing dates: 2 May 2019 Date of orders: 04 June 2019 Decision date: 04 June 2019 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member P H Molony, Senior Member Decision: (1) Leave to Appeal is refused to the extent that leave is required. (2) Appeal is allowed for an error of law. (3) On a reconsideration of the matter by the Appeal Panel: (a) vary order 3 made by the Tribunal on 23 January 2019 to delete "three new security keys for access to the Applicant's lot 597 and" before "two garage remotes", and to delete "the security keys and" before "garage remotes"; (b) add a new order "(3A) On or before 12 June 2019, the Applicant will be issued with sufficient activated security keys such that there is on issue to the Applicant a total of six activated security keys for access to the Applicant's lot 597.". (4) Pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW), in order 3 change "restricted" to "restrictive". (5) By consent of the respondent, and without admission by the respondent, vary order 1 made by the Tribunal on 23 January 2019 to add at the end ", such works to be completed by 31 December 2020". (6) Make no variation to the order concerning costs made at the primary hearing. (7) Order that each party is to pay her or its own costs of the appeal. Catchwords: Strata management - by-laws and covenants - interpretation - maintenance and repairs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: AAI Ltd t/as GIO v McGiffen (2016) 77 MVR 348, [2016] NSWCA 229 at [81] Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443, [2012] NSWCA 244 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163 Eadie v Harvey [2017] NSWCATAP 201 House v The King (1936) 55 CLR 499 Jegatheeswaran v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 263, [2001] FCA 865 Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849 Legal Profession Complaints Committee v Rayney [2017] WASCA 78 Mifsud v Campbell (1991) 21 NSWLR 725 at 728 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Owen v Kim [2017] NSWCATAP 26 Owners SP 63341 v Malachite Holdings PL [2018] NSWCATAP 256 Pholi v Wearne [2014] NSWCATAP 78 Pilbara Infrastructure Pty Ltd v Economic Regulation Authority [2014] WASC 346 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rodger v De Gelder (2015) 71 MVR 514, [2015] NSWCA 211 at [86] Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Wehi v Minister for Immigration and Border Protection [2018] FCA 1176 Category: Principal judgment Parties: Yan Ping Chen (Appellant) Owners SP 55792 (Respondent) Representation: Counsel: Yan Ping Chen (Appellant self-represented) D Knoll AM (Respondents)