Silberstein v Strata Choice Pty Ltd [2022] NSWCATAP 249

Silberstein v Strata Choice Pty Ltd [2022] NSWCATAP 249

It was not demonstrated that the interests of justice require a stay of the orders; the relevant respondents are entitled to benefit of dismissal unless the applicant shows a fair balance of interests for a stay, which was not established. No costs order could be stayed at the time and special circumstances warranted the award of costs to the strata manager and building manager.

Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Application for a stay dismissed; costs orders made against appellant.
Legal Topics
['stay of Orders' 'costs' 'tribunal Jurisdiction' 'strata Management']
['civil Procedure' 'strata Law'] ['stay of Orders' 'costs' 'tribunal Jurisdiction' 'strata Management']

Case Brief

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Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of orders dismissing proceedings against strata manager and building manager should be granted' 'Whether tribunal has jurisdiction to grant money order for breach of duty under s 232 Strata Schemes Management Act 2015 (NSW)' 'Entitlement to costs and existence of special circumstances under s 60 Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

It was not demonstrated that the interests of justice require a stay of the orders; the relevant respondents are entitled to benefit of dismissal unless the applicant shows a fair balance of interests for a stay, which was not established. No costs order could be stayed at the time and special circumstances warranted the award of costs to the strata manager and building manager.

Court Disposition

Application for a stay dismissed; costs orders made against appellant.

Orders

  • ['The application for a stay is dismissed.' "Subject to the outcome of any costs application pursuant to order (3) below, the appellant is to pay the first and second respondent's costs of the application for a stay on the ordinary basis as agreed or assessed." 'If any party wishes to make an application to vary...