Chaar v The Owners – Strata Plan 57161 [2024] NSWCATAP 242

Chaar v The Owners – Strata Plan 57161 [2024] NSWCATAP 242

The application was lodged out of time, beyond the two-year limitation period imposed by s 106(6) of the Strata Schemes Management Act 2015 (NSW). The error in dates in the first instance decision did not affect the outcome since the limitation period expired before the application was filed. There was no basis for granting leave to appeal, and no question of law was raised.

Parties
Appellant: Bouad Chaar; Respondent: The Owners – Strata Plan 57161
Jurisdiction
Australia
Judgment Date
27 November 2024
Procedural Posture
Appeal / Decision on Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Strata Title, Limitation Period, Strata Schemes Management Act 2015 (nsw)
Land Law Strata Title Limitation Period Strata Schemes Management Act 2015 (nsw)

Case Brief

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Parties

Bouad Chaar

Appellant

The Owners – Strata Plan 57161

Respondent

Procedural Posture

Appeal / Decision on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Tribunal erred as to material facts and dates
  2. 2 Whether the two-year limitation period barred the claim under s 106(6) of the Strata Schemes Management Act 2015 (NSW)
  3. 3 Whether leave to appeal should be granted

Ratio Decidendi

The application was lodged out of time, beyond the two-year limitation period imposed by s 106(6) of the Strata Schemes Management Act 2015 (NSW). The error in dates in the first instance decision did not affect the outcome since the limitation period expired before the application was filed. There was no basis for granting leave to appeal, and no question of law was raised.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to appeal is refused.
  • The appeal is otherwise dismissed.