Benson v The Owners, Strata Plan No 17676 [2022] NSWCATAP 348

Benson v The Owners, Strata Plan No 17676 [2022] NSWCATAP 348

Reading the Tribunal's reasons as a whole, including its discussion of s 149 of the Strata Schemes Management Act 2015 (NSW), relevant authorities and the parties' submissions, the Appeal Panel was satisfied that the Member sufficiently engaged with Ms Benson's case and gave adequate reasons. Grounds 1 and 2 were not made out, Grounds 3 to 5 were not separately pressed and followed the same result, no other error of law was shown, and no leave to appeal was sought. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Internal Appeal From Consumer and Commercial Division Strata Schemes Decision / Appeal Panel Decision
Outcome
The appeal is dismissed.
Legal Topics
['error of Law' 'adequacy of Reasons' "failure to Engage With a Party's Case" 'procedural Fairness' 'strata Title' 'owners Corporation Powers and Functions' 'common Property Rights by Law' 'access to Lot to Carry Out Works to Common Property' 'rooftop Fencing']
['administrative Law' 'strata Law' 'land Law' 'civil Procedure'] ['error of Law' 'adequacy of Reasons' "failure to Engage With a Party's Case" 'procedural Fairness' 'strata Title' 'owners Corporation Powers and Functions' 'common Property Rights by Law' 'access to Lot to Carry Out Works to Common Property' 'rooftop Fencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal From Consumer and Commercial Division Strata Schemes Decision / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal erred in law by failing to engage, or adequately engage, with Ms Benson's case." 'Whether the Tribunal failed to provide adequate reasons for its decision.' 'Whether any other error of law was established in relation to mandatory considerations, procedural fairness or legal unreasonableness.']

Ratio Decidendi

Reading the Tribunal's reasons as a whole, including its discussion of s 149 of the Strata Schemes Management Act 2015 (NSW), relevant authorities and the parties' submissions, the Appeal Panel was satisfied that the Member sufficiently engaged with Ms Benson's case and gave adequate reasons. Grounds 1 and 2 were not made out, Grounds 3 to 5 were not separately pressed and followed the same result, no other error of law was shown, and no leave to appeal was sought. The appeal was therefore dismissed.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'If either party seeks an order for the costs of the appeal that party (the Costs Applicant) must give to the Tribunal and the other party (the Costs Respondent) that application and any supporting submissions within 21 days of the date of these orders.' 'The Costs Respondent must give...