NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonnell v The Owners Strata Plan No 64191 [2019] NSWCATAP 172 Hearing dates: 2 July 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: (1) Leave to appeal is refused, to the extent that it was sought, and otherwise dismiss the appeal. (2) The stay made in the Appeal Panel on 8 May 2019 of orders 1(a) and (b) made by the Tribunal at first instance on 20 March 2019 is discharged. Catchwords: STRATA SCHEMES MANAGEMENT – building new residential area in common property – whether authorised in accordance with s 65A of the Strata Management Act 1996 – whether discretionary refusal of relief argument available on appeal – point not run at first instance Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 1996 Strata Schemes Management Act 2015 Cases Cited: Stolfa v Owners Strata Plan 4366 & Ors [2009] NSWSC 589 Stolfa v Owners Strata Plan 4366 & Ors [2010] NSWCA 218 The Owners of Strata Plan No 37762 v Ding Phuong Dung Pham and Anor [2006] NSWSC 1287 Texts Cited: Nil Category: Principal judgment Parties: Peter Robert McDonnell (First Appellant) Janette Carolyn McDonnell (Second Appellant)
The Owners Strata Plan No 64191 (Respondent) Representation: Counsel: M Evans (Appellants)
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