Vojkovic v Bicioc [2020] NSWCATAP 128

Vojkovic v Bicioc [2020] NSWCATAP 128

The Appeal Panel refused an extension of time because strict compliance with r 25(4)(b) of the Civil and Administrative Tribunal Rules 2014 (NSW) would not work an injustice on the appellant. Since 12 March 2020 he was no longer the occupier of lot 2 and no longer had an interest in the membership of the strata committee or management of the scheme, and neither his belief in mismanagement nor his alleged financial dispute was sufficient to give him an ongoing interest as an interested person. The appeal was therefore dismissed. Leave was granted for Mr Matthews to appear for the owners corporation only as amicus curiae, with no costs order to be sought against the appellant.

Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Internal Appeal in Strata Proceedings / Application for Extension of Time in Which to Appeal and Preliminary Issue of Legal Representation
Outcome
Application for extension of time dismissed; appeal dismissed; leave granted for Mr Matthews to appear as amicus curiae for the owners corporation.
Legal Topics
['extension of Time to Appeal' 'legal Representation Before Ncat' 'amicus Curiae' 'interested Persons in Strata Proceedings' 'strata Committee Management']
['administrative Law' 'strata Law' 'civil Procedure'] ['extension of Time to Appeal' 'legal Representation Before Ncat' 'amicus Curiae' 'interested Persons in Strata Proceedings' 'strata Committee Management']

Case Brief

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Procedural Posture

Internal Appeal in Strata Proceedings / Application for Extension of Time in Which to Appeal and Preliminary Issue of Legal Representation

Legal Issues

  1. 1 ['Whether leave should be granted for the third respondent to be legally represented at the appeal hearing.' 'Whether the appellant should be granted an extension of time in which to appeal.' 'Whether strict compliance with the appeal time limit would work an injustice upon the appellant where he was no longer the occupier of lot 2.']

Ratio Decidendi

The Appeal Panel refused an extension of time because strict compliance with r 25(4)(b) of the Civil and Administrative Tribunal Rules 2014 (NSW) would not work an injustice on the appellant. Since 12 March 2020 he was no longer the occupier of lot 2 and no longer had an interest in the membership of the strata committee or management of the scheme, and neither his belief in mismanagement nor his alleged financial dispute was sufficient to give him an ongoing interest as an interested person. The appeal was therefore dismissed. Leave was granted for Mr Matthews to appear for the owners corporation only as amicus curiae, with no costs order to be sought against the appellant.

Court Disposition

Application for extension of time dismissed; appeal dismissed; leave granted for Mr Matthews to appear as amicus curiae for the owners corporation.

Orders

  • ['Grant leave for Mr Matthews to appear for the owners corporation at the hearing of the appeal on the basis he appears as amicus curiae and that no order for costs of the owners corporation will be sought against the appellant.' 'The application for an extension of time in which to appeal is dismissed.' 'The appeal...