Trajkovski v Harrison [2023] NSWCATAP 143

Trajkovski v Harrison [2023] NSWCATAP 143

Leave to appeal is refused and the appeal is dismissed as appellants failed to demonstrate actual or apprehended bias, denial of natural justice, unsupported findings, or substantial miscarriage of justice by reference to cogent evidence or law. Tribunal Member's findings and reasoning were not shown to be affected by legal error or injustice warranting grant of leave.

Jurisdiction
Australia
Judgment Date
30 May 2023
Procedural Posture
Appeal / Final Determination (orders and Reasons Issued)
Outcome
Leave to appeal refused and appeal dismissed
Legal Topics
['strata Schemes' 'apprehended Bias' 'hearing Rule' 'appointment of Strata Managing Agent' 'procedural Fairness']
['land Law'] ['strata Schemes' 'apprehended Bias' 'hearing Rule' 'appointment of Strata Managing Agent' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Final Determination (orders and Reasons Issued)

Legal Issues

  1. 1 ['Whether there was actual or apprehended bias by the Tribunal Member' 'Whether procedural fairness/natural justice was denied' 'Whether Tribunal findings were unsupported by evidence or against weight of evidence' 'Errors in the appointment of compulsory strata managing agent under Strata Schemes Management Act 2015 (NSW)' 'Whether leave to appeal ought to be granted for alleged substantial miscarriage of justice']

Ratio Decidendi

Leave to appeal is refused and the appeal is dismissed as appellants failed to demonstrate actual or apprehended bias, denial of natural justice, unsupported findings, or substantial miscarriage of justice by reference to cogent evidence or law. Tribunal Member's findings and reasoning were not shown to be affected by legal error or injustice warranting grant of leave.

Court Disposition

Leave to appeal refused and appeal dismissed

Orders

  • ['Leave to appeal is refused' 'The appeal is dismissed' 'Costs may be applied for within 14 days with supporting evidence and submissions' 'Responses to costs application due in 14 days' 'Replies due in 7 days' 'Submissions not to exceed five pages' 'Appeal Panel may decide costs on papers without hearing unless...