Stevanovski v Man [2023] NSWCATAP 284

Leave to appeal was refused because no substantial miscarriage of justice or error on a question of law was demonstrated, and Tribunal’s unchallenged findings justified appointment of strata manager. Standing requirements and absence of authorisation prevented appeal for the Owners Corporation. Alleged procedural unfairness did not demonstrate practical injustice.

Jurisdiction: Australia
Judgment Date: 20 October 2023
Procedural Posture: Appeal / Appeal Panel Decision
Outcome: Appeal dismissed. Leave to appeal refused. Application to rely on further evidence refused.
Legal Topics: ['appointment of Strata Manager' 'compulsory Management' 'levies' 'procedural Fairness' 'appeals']

['real Property' 'strata Management'] ['appointment of Strata Manager' 'compulsory Management' 'levies' 'procedural Fairness' 'appeals']

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

1 ['Whether leave to appeal should be granted' 'Whether Tribunal provided procedural fairness' 'Whether appointment of strata manager was warranted' 'Standing of appellants to bring proceedings on behalf of Owners Corporation' 'Recovery of unpaid levies and contributions']

Ratio Decidendi

Court Disposition

Appeal dismissed. Leave to appeal refused. Application to rely on further evidence refused.

Orders

["The appellants' application to rely on further evidence is refused." 'Leave to appeal is refused.' 'The appeal is dismissed.']