Dispute Resolution Processes - Appeals APPEAL – procedural fairness – insufficient time given for party to file submission in reply on issue of costs – appeal allowed – costs issue to be re-determined by Appeal Panel de Tarle v Newland [2022] NSWCATAP 148 (9 May 2022)
Dispute Resolution Processes - Appeals APPEALS – errors other than errors of law – no question of principle The Owners - SP 80881 v Gregg [2022] NSWCATAP 172 (25 May 2022)
COSTS – Civil and Administrative Tribunal – whether special circumstances exist Martire v The Owners - Strata Plan No. 42159 (No 2) [2022] NSWCATCD 3 (9 February 2022)
PRACTICE AND PROCEDURE – Application for costs – special circumstances The Owners - SP No 91684 v Liu (No 2); The Owners - SP No 90189 v Liu (No 2) [2022] NSWCATAP 74 (18 March 2022)
APPEALS – costs of respondent where appeal withdrawn Grasso v The Owners Strata Plan No. 52399 [2022] NSWCATAP 91 (30 March 2022)
APPEAL – stay pending appeal – concurrent proceedings in Supreme Court – strata scheme Sunaust Properties Pty Ltd v The Owners - Strata Plan No 64807 [2022] NSWCATAP 55 (25 February 2022)
COSTS – appeal out of time – no special circumstances warranting an award of costs. The Owners - Strata Plan No. 36965 v Alexander (No. 2) [2022] NSWCATAP 81 (25 March 2022)
APPEAL – NCAT – leave to appeal – principles – appeal on question of law, with leave – leave refused – no issue of principle or of general importance – no error of law ADMINISTRATIVE LAW – jurisdiction of NCAT – strata titles – broad jurisdiction – importance of finality – alleged denial of procedural fairness – none disclosed STATUTORY INTERPRETATION – Strata Schemes Management Act 2015 (NSW) – common [...]
APPEALS – appeal lodged out of time – no evidence to provide a proper explanation for the delay Teixeira v The Owners SP No 37534 [2021] NSWCATAP 366 (17 November 2021)
APPEAL – failure by appellant to provide recording and transcript of proceedings from which appeal is brought STRATA TITLES LAW – exclusive use and enjoyment by appellant of area created by by-law – by-law provided for appellant to be responsible to keep area in good repair – held appellant responsible for cost of maintaining the area. Sorbara v The Owners - Strata Plan 75666 [2021] NSWCATAP 369 (18 November 2021)
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