The Owners – Strata Plan No. 12289 v Donaldson [2019] NSWCATAP 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 12289 v Donaldson [2019] NSWCATAP 213 Hearing dates: 11 June, 4 July 2019 Date of orders: 22 August 2019 Decision date: 22 August 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member K Ransome, Senior Member Decision: (1) Order that the Estate of Harold Thompson Donaldson be substituted for Harold Thompson Donaldson as first respondent. (2) Appeal dismissed. (3) If either party desires to make an application for costs: (a) they are to so inform the other party within 14 days of the date of these reasons; (b) the applicant for costs is/are to lodge with NCAT and serve on the respondent(s) to the costs application any written submissions of no more than three pages, and any documents or material in support, on or before 14 days from the date of these reasons; (c) the respondent(s) to any costs application is/are to lodge with NCAT and serve on the applicant(s) for costs any written submissions of no more than three pages and any documents or material in support, on or before 28 days from the date of these reasons; (d) any reply submissions limited to two pages are to be lodged with NCAT and served on the other party within 35 days of the date of these reasons; (e) both parties are to indicate in their submissions whether they consent to an order dispensing with a hearing of the costs application, and if they do not consent, submissions of no more than one page as to why a hearing should be conducted. Catchwords: LAND LAW – strata title – common property – common property rights by-law – unreasonable refusal – objective test – reasons – subsequent evidence