Titus v Eddington [2019] NSWCATAP 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Titus v Eddington [2019] NSWCATAP 247 Hearing dates: 3 September 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President J McAteer, Senior Member Decision: (1) The appeal is dismissed; (2) If the respondent seeks costs of the appeal, written submissions must be filed and served within 14 days from the date of this decision; (3) If the appellants oppose an order for costs being made, written submissions must be filed and served within 14 days thereafter; and (4) The submissions on costs must address the question of whether the Appeal Panel may dispense with a further hearing and decide costs on the papers. Catchwords: Strata scheme – reallocation of unit entitlements – expert evidence – evaluation of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: Anderson Stuart & Ors v Treleaven & 1 Ors [2000] NSWSC 283; 49 NSW LR 88 Collins v Urban [2014] NSWCATAP 17 Fox v Percy [2003] HCA 22; 214 CLR 118 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Makita (Australia) Pty Limited v Sprowles [2001] NSWCA 305 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Sahade v The Owners – Strata Plan 62022 [2014] NSWCA 208 Sydneywide Distributors Pty td v Red Bull Australia Pty Ltd [2002] FCAFC 157 Texts Cited: Nil Category: Principal judgment Parties: Stephen Titus (Appellant) Joanne Titus (Appellant) Beverly Eddington (Respondent) Representation: Counsel: V F Kerr SC (Respondent)