Seeto v The Owners Strata Plan No 49458 [2019] NSWCATAP 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seeto v The Owners Strata Plan No 49458 [2019] NSWCATAP 166 Hearing dates: 28 February 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Appeal Panel Before: I Bailey AM SC, Senior Member D Goldstein, Senior Member Decision: 1. Appeal allowed 2. The proceedings are remitted to the Tribunal for further hearing. 3. The Tribunal may proceed with the further hearing on the basis of the evidence filed to date and such further evidence as determined by the Tribunal may be relied upon. Catchwords: APPEAL – reallocation of strata unit entitlements – staged stepped analysis – failure to apply correctly Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sahade v The Owners Strata Plan 62022 [2014] NSWCA 208 Category: Principal judgment Parties: Lawrence Seeto, Anastasia Seeto, and Pamela Edmonds (Appellants) The Owners – Strata Plan No 494588 (Respondent) Representation: Counsel: J Hutton (Appellants) D Weinberger (Respondent)

Solicitors: Dentons Australia (Appellants) Bannermans (Respondent) File Number(s): AP 18/50107 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 October 2019 Before: P Boyce, Senior Member File Number(s): SC 17/48402