Chen v The Owners – Strata Plan No 55792 [2020] NSWSC 151

Supreme Court New South Wales

Medium Neutral Citation: Chen v The Owners – Strata Plan No 55792 [2020] NSWSC 151 Hearing dates: 12 December 2019 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) Leave to appeal is refused.

(2) The plaintiff's summons filed on 28 June 2019 is dismissed.

(3) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: APPEAL– civil – application for leave to appeal from decision of NCAT Appeal Panel – s 83 Civil and Administrative Tribunal Act 2013 (NSW) limited to appeal on a question of law by leave – competence and leave to appeal – whether questions of law – no questions of law raised –leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2010 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: B & L Linings Pty Ltd v Chief Commissioner of State Revenue (2008) 74 NSWLR 481; [2008] NSWCA 187 Council of the Municipality of Woollahra v Sved [1998] NSWCA 227 Davis v NSW Land and Housing Corporation [2016] NSWCA 325 Doppstadt Australia Pty Limited v Lovick and Son Developments Pty Limited (No 2) [2014] NSWCA 219 Doyle v Hall Chadwick [2012] NSWCA 175 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Wigmans v AMP Ltd [2019] NSWCA 243; (2019) 373 ALR 323 Texts Cited: Moses N J, Strata Titles (2nd Ed) (Thomson Reuters (Professional) Pty Ltd, Sydney) Category: Principal judgment Parties: Yan Ping Chen (Plaintiff) The Owners –Strata Plan No 55792 (Defendant) Representation: Counsel: Yan Ping Chen (Plaintiff –self represented) D D Knoll AM (Defendant)