Keevers v Sarraf Property Group Pty Ltd [2022] NSWSC 1017

Keevers v Sarraf Property Group Pty Ltd [2022] NSWSC 1017

There was no error of law by the Appeal Panel in joining Sarraf Property Group Pty Ltd and Konn Palonis as parties to the NCAT appeal under s 44, nor in its application of procedural fairness, assessment of evidence, or in the costs order. No injustice beyond the arguably wrong standard or error of principle was established. Leave to appeal is refused and the amended summons is dismissed.

Parties
Plaintiff: Francis Keevers; First Defendant: Sarraf Property Group Pty Ltd; Second Defendant: Konn Palonis; Third Defendant: Owners of Strata Plan 1813; Fourth Defendant: Peta Bourke; Fifth Defendant: Joanna Fardell
Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Leave to appeal refused; amended summons dismissed; costs awarded to the defendants; stay orders dissolved.
Legal Topics
NCAT Appeals, Joinder of Parties, Procedural Fairness, Expert Evidence, Leave to Appeal, Costs Orders
Administrative Law Strata Law Civil Procedure NCAT Appeals Joinder of Parties Procedural Fairness Expert Evidence Leave to Appeal +1 more

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Parties

Francis Keevers

Plaintiff

Sarraf Property Group Pty Ltd

First Defendant

Konn Palonis

Second Defendant

Owners of Strata Plan 1813

Third Defendant

Peta Bourke

Fourth Defendant

Joanna Fardell

Fifth Defendant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Appeal Panel erred in joining Sarraf Property Group Pty Ltd and Konn Palonis as parties to NCAT appeal
  2. 2 Whether procedural fairness was denied in Tribunal's findings on expert evidence
  3. 3 Whether Tribunal's factual findings on improper purpose and evidence were affected by legal error

Ratio Decidendi

There was no error of law by the Appeal Panel in joining Sarraf Property Group Pty Ltd and Konn Palonis as parties to the NCAT appeal under s 44, nor in its application of procedural fairness, assessment of evidence, or in the costs order. No injustice beyond the arguably wrong standard or error of principle was established. Leave to appeal is refused and the amended summons is dismissed.

Court Disposition

Leave to appeal refused; amended summons dismissed; costs awarded to the defendants; stay orders dissolved.

Orders

  • Leave to appeal pursuant to s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW) is refused.
  • The amended summons filed 26 October 2021 is dismissed.