Gee v The Owners – Strata Plan No 32191 [2023] NSWCATAP 296

Gee v The Owners – Strata Plan No 32191 [2023] NSWCATAP 296

The appellant failed to establish error of law or that the Tribunal's decision was not fair and equitable or against the weight of evidence; no probative evidence to support allegations that management was not functioning satisfactorily or that Mr Rosenow benefited improperly; absence of a transcript or evidence precluded Appeal Panel review on weight of evidence; leave to appeal refused and appeal dismissed under statutory and case law principles governing appeals from NCAT decisions.

Parties
Appellant: Heather Gee; Respondent: The Owners – Strata Plan No 32191
Jurisdiction
Australia
Judgment Date
08 November 2023
Procedural Posture
Civil Appeal / Appeal Panel Determination; Appeal From Civil and Administrative Tribunal, Consumer and Commercial Division
Outcome
Appeal dismissed, leave to appeal refused
Legal Topics
Strata Title, Appointment of Compulsory Strata Manager, Civil Appeals
Land Law Strata Title Appointment of Compulsory Strata Manager Civil Appeals

Case Brief

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Parties

Heather Gee

Appellant

The Owners – Strata Plan No 32191

Respondent

Procedural Posture

Civil Appeal / Appeal Panel Determination; Appeal From Civil and Administrative Tribunal, Consumer and Commercial Division

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing application for appointment of compulsory strata manager under s 237 Strata Schemes Management Act 2015 (NSW)
  2. 2 Whether the decision was against the weight of evidence or was not fair and equitable

Ratio Decidendi

The appellant failed to establish error of law or that the Tribunal's decision was not fair and equitable or against the weight of evidence; no probative evidence to support allegations that management was not functioning satisfactorily or that Mr Rosenow benefited improperly; absence of a transcript or evidence precluded Appeal Panel review on weight of evidence; leave to appeal refused and appeal dismissed under statutory and case law principles governing appeals from NCAT decisions.

Court Disposition

Appeal dismissed, leave to appeal refused

Orders

  • Leave to appeal refused.
  • Appeal dismissed.