Shih v The Owners - Strata Plan No 87879 [2019] NSWCATAP 263

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shih v The Owners - Strata Plan No 87879 [2019] NSWCATAP 263 Hearing dates: 19 March, 3 June 2019; 11 June 2019 and 2 July 2019 (submissions) Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member K Ransome Senior Member Decision: The proceedings are stood over for a period of 28 days with liberty to apply which must be exercised within that period. Catchwords: Strata Title- appeal from order of Tribunal making an award of damages under sec 106(5) of the Strata Schemes Management Act 2015- held Tribunal lacked jurisdiction and power to make an award of damages

Strata Title – on appeal held Tribunal arguably may have power to make order for payment of compensation under section 232 of the Strata Schemes Management Act - Proceedings stood over with liberty to apply Legislation Cited: Strata Schemes Management Act 2015 Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 1996 Strata Schemes Management Regulation 2016 Interpretation Act 1987 No 15 Cases Cited: Shih & ors v The Owners - Strata Plan No 87879 [2018] NSWCATCD 74 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP15 Mullen v Owners Corporation SP 15342 [2017] NSWCATCD 97 O'Connor v SP Bray Limited [1937] HCA 18 Sovar v Henry Lane Pty Limited [1967] HCA 31 Wardley Australia limited and Another v The State of Western Australia [1992] HCA 55 The Owners – Strata Plan 502 7 6 v Thoo [2013] NSWCA 270 The Owners - Strata Plan No. 37762 v Dinh Phuong Dung Pham and anor [2006] NSWSC 1287 Ridis v Strata Plan 10308 [2005] NSWCA 246 McElwaine v The Owners – Strata Plan number 75975 [2017] NSWCA 239 Texts Cited: None cited Category: Principal judgment Parties: Susan Shih (First Appellant) Virginia Shih (Second Appellant) Emiliano Shih (Third Appellant) The Owners-Strata Plan No 87879 (Respondent) Representation: Counsel: T Liu (Appellants) V F Kerr SC (Respondent)