Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77

Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77

The appeal was dismissed because the appellant did not establish error of law by the tribunal. Evidence before the tribunal (including emails regarding the retention and overwriting of CCTV footage) did not contradict the finding that the footage requested by the appellant no longer existed. The tribunal's refusal to make orders for access to non-existent or future footage, or to grant declaratory or advisory relief, was not in error, as neither the Strata Schemes Management Act 2015 nor the CAT Act conferred such entitlements or jurisdiction.

Jurisdiction
Australia
Judgment Date
22 March 2022
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
['access to Documents' 'cctv Footage' 'jurisdiction' 'declaratory Relief']
['strata Law' 'administrative Law'] ['access to Documents' 'cctv Footage' 'jurisdiction' 'declaratory Relief']

Case Brief

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Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether the appellant was entitled to access existing or future CCTV footage held by the owners corporation' 'Whether the tribunal erred by failing to consider relevant evidence regarding existence and retention of CCTV footage' 'Whether the owners corporation was required to retain CCTV footage for seven years under s 180 of the Strata Schemes Management Act 2015' 'Jurisdiction of the tribunal to grant declaratory relief or advisory opinions']

Ratio Decidendi

The appeal was dismissed because the appellant did not establish error of law by the tribunal. Evidence before the tribunal (including emails regarding the retention and overwriting of CCTV footage) did not contradict the finding that the footage requested by the appellant no longer existed. The tribunal's refusal to make orders for access to non-existent or future footage, or to grant declaratory or advisory relief, was not in error, as neither the Strata Schemes Management Act 2015 nor the CAT Act conferred such entitlements or jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Any party seeking an order for costs shall file written submissions not exceeding 5 pages in length within 7 days identifying the basis upon which such order is sought and any submissions in opposition to the application for costs being determined on the papers and without an oral...