Colbert v MacDonald & Ors [2016] NSWSC 1291

Colbert v MacDonald & Ors [2016] NSWSC 1291

The Adjudicator fell into jurisdictional error by applying the wrong statutory power, failing to exercise his statutory remit under s 158 of the Strata Schemes Management Act 1996 (NSW) and not having regard to mandatory preconditions set by that section; thus the decision was invalid and must be quashed.

Jurisdiction
Australia
Judgment Date
15 September 2016
Procedural Posture
Judicial Review / Final Judgment After Hearing
Outcome
Decision of the Adjudicator quashed for jurisdictional error.
Legal Topics
['judicial Review' 'jurisdictional Error' 'procedural Fairness' 'strata Schemes']
['administrative Law'] ['judicial Review' 'jurisdictional Error' 'procedural Fairness' 'strata Schemes']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff was denied procedural fairness by not receiving notice of the application to the Adjudicator' 'Whether the Adjudicator made a jurisdictional error by exercising the wrong statutory power']

Ratio Decidendi

The Adjudicator fell into jurisdictional error by applying the wrong statutory power, failing to exercise his statutory remit under s 158 of the Strata Schemes Management Act 1996 (NSW) and not having regard to mandatory preconditions set by that section; thus the decision was invalid and must be quashed.

Court Disposition

Decision of the Adjudicator quashed for jurisdictional error.

Orders

  • ['Quash the decision made by the third defendant on 28 October 2015.' 'The parties be heard further as to costs.']