The Owners – Strata Plan No 5319 v Price [2019] NSWCATCD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 5319 v Price [2019] NSWCATCD 51 Hearing dates: 16 May 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Consumer and Commercial Division Before: J Smith, Senior Member Decision: 1. As the Tribunal is satisfied that there is no Anshun estoppel amounting to a full defence to application SC18/43278 or that to continue hearing that matter would amount to an abuse of process it is appropriate that application SC 18/43278 now be listed for further directions on a date to be fixed by the Registrar. This application is otherwise dismissed. 2. If any party seeks an order for costs in relation to the determination of the preliminary issue, leave is granted to file and serve a short written submission on that issue only within 14 days of the date of these orders. 3. Leave is granted for the other party to file and serve a short written submission in reply within a further period of 14 days. 4. Submissions are to address the issue of whether or not the matter should be dealt with pursuant to the Civil and Administrative Tribunal Act 2013 s 50(2) and whether or not there are "special circumstances" as that term is referred to in the Civil and Administrative Tribunal Act s 60(2). Catchwords: Anshun estoppel and abuse of process in Tribunal as full defence to a Strata and Community Schemes application Legislation Cited: Strata Schemes Management Act 2015 Civil and Administrative Tribunal Act 2013 Cases Cited: Port of Melbourne Authority v Anshun Pty Ltd [1981]147 CLR 589 Tomlinson v Ramsay Food Processing Pty Ltd [2015] 256 CLR 507 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Cachia v Isaacs [1985]3 NSWLR 366 Free v Thomas [2009]NSWSC 642 Category: Procedural and other rulings Parties: The Owners – Strata Plan 5319 (Applicant) Cheree Price (Respondent) Representation: Mr Bannan (for the applicant) Ms Crittenden (for the respondent) File Number(s): SC 19/15625 Publication restriction: Nil