Stemp v Otis Elevator Company Pty Ltd [2021] NSWCATAP 220

Stemp v Otis Elevator Company Pty Ltd [2021] NSWCATAP 220

The Appeal Panel held that, objectively, the Essential Maintenance Agreement was between Otis and The Owners Strata Plan 94900, not Ms Stemp or Ms Murphy individually. Their signatures were connected with the affixing of the owners corporation's common seal, and invoices addressed to the owners corporation supported that conclusion. Although the appellants paid the invoices, that obligation arose under by-law 23 because they had exclusive use of the lift, not because they were parties to the Otis contract. As non-parties, they had no standing to sue Otis on the contract, and no relevant exception to privity of contract was established. The asserted procedural unfairness was not made out...

Jurisdiction
Australia
Judgment Date
20 July 2021
Procedural Posture
Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal / Appeal Panel; Extension of Time, Appeal and Application for Leave to Appeal
Outcome
Time to file the Notice of Appeal extended; appeal dismissed; leave to appeal refused.
Legal Topics
['privity of Contract' 'standing to Sue on a Contract' 'owners Corporation Maintenance Agreement' 'common Property Rights by Law' 'leave to Appeal' 'question of Law' 'procedural Fairness']
['contract Law' 'strata Schemes' 'civil Procedure' 'consumer and Commercial Law'] ['privity of Contract' 'standing to Sue on a Contract' 'owners Corporation Maintenance Agreement' 'common Property Rights by Law' 'leave to Appeal' 'question of Law' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal / Appeal Panel; Extension of Time, Appeal and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that the appellants were not parties to the Essential Maintenance Agreement with Otis and had no standing to bring the application.' 'Whether the appellants fell within an exception to the privity of contract rule.' 'Whether Ms Stemp was denied procedural fairness because the Tribunal hearing was short and allegedly did not consider her documentation.' 'Whether leave to appeal should be granted on grounds including substantial miscarriage of justice.']

Ratio Decidendi

The Appeal Panel held that, objectively, the Essential Maintenance Agreement was between Otis and The Owners Strata Plan 94900, not Ms Stemp or Ms Murphy individually. Their signatures were connected with the affixing of the owners corporation's common seal, and invoices addressed to the owners corporation supported that conclusion. Although the appellants paid the invoices, that obligation arose under by-law 23 because they had exclusive use of the lift, not because they were parties to the Otis contract. As non-parties, they had no standing to sue Otis on the contract, and no relevant exception to privity of contract was established. The asserted procedural unfairness was not made out...

Court Disposition

Time to file the Notice of Appeal extended; appeal dismissed; leave to appeal refused.

Orders

  • ['The time for filing the Notice of Appeal is extended to 9 April 2021.' 'Appeal dismissed.' 'Leave to appeal refused.']