Crawley v the Owners Strata Plan 22481 [1999] NSWSC 950

Crawley v the Owners Strata Plan 22481 [1999] NSWSC 950

Clause 4 of Schedule 4 of the Strata Schemes Management Act 1996 confers jurisdiction on the Strata Schemes Board to hear Mr Crawley's appeals from orders made by the Strata Titles Commissioner after 1 July 1997 in proceedings commenced before that date, and Regulation 28 confirms this transitional arrangement; Mr Keenan erred in holding otherwise.

Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Appeal by Way of Case Stated / Appeal From Strata Schemes Board Determination
Outcome
Matter remitted for rehearing and determination by the Strata Schemes Board; determination of Mr Keenan was erroneous.
Legal Topics
['jurisdiction of Strata Schemes Board' 'transitional Provisions' 'appeal Rights' 'strata by Laws']
['property Law' 'strata Law'] ['jurisdiction of Strata Schemes Board' 'transitional Provisions' 'appeal Rights' 'strata by Laws']

Case Brief

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Procedural Posture

Appeal by Way of Case Stated / Appeal From Strata Schemes Board Determination

Legal Issues

  1. 1 ['Whether Strata Schemes Board had jurisdiction to hear appeal from orders made by Strata Titles Commissioner after 1 July 1997 for proceedings commenced prior to that date' 'Interpretation of Schedule 4 clauses 3 and 4 of Strata Schemes Management Act 1996' 'Validity and effect of Strata Schemes Amendment (Transitional) Regulation 1997']

Ratio Decidendi

Clause 4 of Schedule 4 of the Strata Schemes Management Act 1996 confers jurisdiction on the Strata Schemes Board to hear Mr Crawley's appeals from orders made by the Strata Titles Commissioner after 1 July 1997 in proceedings commenced before that date, and Regulation 28 confirms this transitional arrangement; Mr Keenan erred in holding otherwise.

Court Disposition

Matter remitted for rehearing and determination by the Strata Schemes Board; determination of Mr Keenan was erroneous.

Orders

  • ["Case stated remitted to the Strata Schemes Board to hear and determine Mr Crawley's appeals." "The proprietors of Strata Plan 22481 to pay Mr Crawley's costs." "If eligible, the proprietors should have a certificate under the Suitors' Fund Act 1951." 'Order for costs not to be entered for ten days to allow...