Demir v Liu [2024] NSWCATAP 223

Demir v Liu [2024] NSWCATAP 223

The Tribunal did not err in law as it applied an objective standard in assessing compliance with By-Law 14, properly preferring the Koikas Report using objective testing over competing evidence, and did not merely adopt a subjective test. The appeal fails as no error affecting the orders is established.

Parties
Appellant: Basak Demir; Respondent: Haiyi Liu; Respondent: Yu-Ting Su
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Internal Appeal / Appeal
Outcome
Appeal dismissed; extension of time to appeal granted
Legal Topics
Strata Title, By Laws, Appeals, Extension of Time
Land Law Strata Title By Laws Appeals Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Basak Demir

Appellant

Haiyi Liu

Respondent

Yu-Ting Su

Respondent

Procedural Posture

Internal Appeal / Appeal

Legal Issues

  1. 1 Whether the Tribunal applied a subjective rather than objective standard in assessing compliance with By-Law 14
  2. 2 Whether to allow extension of time to appeal
  3. 3 Whether updated acoustic evidence should be admitted on appeal

Ratio Decidendi

The Tribunal did not err in law as it applied an objective standard in assessing compliance with By-Law 14, properly preferring the Koikas Report using objective testing over competing evidence, and did not merely adopt a subjective test. The appeal fails as no error affecting the orders is established.

Court Disposition

Appeal dismissed; extension of time to appeal granted

Orders

  • An extension of time in which to lodge the notice of appeal is granted.
  • The appeal is dismissed.