The Owners – Strata Plan No 70871 v Turek [2020] NSWCATAP 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 70871 v Turek [2020] NSWCATAP 28 Hearing dates: 6 February 2020 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Appeal Panel Before: F Marks, Principal Member M Gracie, Senior Member Decision: (1) leave to appeal is refused (2) the appeal is dismissed (3) we grant liberty to apply with respect to costs which must be exercised within one month by either party by giving notice to the Registrar Catchwords: Appeal proceedings – grounds of appeal inadequately expressed – appeal from interlocutory decision requiring leave –application of guiding principle-held no merit in the appeal – leave to appeal refused – appeal dismissed – costs reserved. Legislation Cited: Strata Schemes Management Act 2015 Civil and Administrative Tribunal Act Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69 Texts Cited: None cited Category: Principal judgment Parties: The Owners – Strata Plan No 70871 (Applicant) Michael Victor and Louise Turek (Respondent) Representation: Counsel: J Bannerman (Applicant) R Notley (Respondent)

Solicitors: Bannermans Lawyers (Applicant) Hones Lawyers (Respondent) File Number(s): AP 19/53517 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Consumer and Commercial Division Date of Decision: 28 November 2019 Before: N Vrabac Senior Member File Number(s): SC 19/19280