Liana Maree Taylor v John Merity, Michael Edwards, Pamela Cominos and The Owners-Strata Plan No 76899 [2014] NSWCATCD 195

Liana Maree Taylor v John Merity, Michael Edwards, Pamela Cominos and The Owners-Strata Plan No 76899 [2014] NSWCATCD 195

The Tribunal found that the appeal against the Adjudicator's order was filed out of time and that the Tribunal had no power under the relevant legislation to extend the time for most grounds of appeal as s 41 of the NCAT Act was specifically excluded by s 177(4) of the Strata Schemes Management Act 1996. Further, for the remaining grounds, there was no sufficient cause shown to justify any extension. As a result, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
24 October 2014
Procedural Posture
Appeal / Interlocutory Decision on Preliminary Issue (out of Time Appeal)
Outcome
Appeal dismissed
Legal Topics
["appeals From Adjudicator's Orders" 'extension of Time' 'service of Orders' 'procedural Fairness']
['strata Title Law' 'administrative Law'] ["appeals From Adjudicator's Orders" 'extension of Time' 'service of Orders' 'procedural Fairness']

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Procedural Posture

Appeal / Interlocutory Decision on Preliminary Issue (out of Time Appeal)

Legal Issues

  1. 1 ["Whether the appeal against the Adjudicator's order was filed out of time" 'Whether the Tribunal has the power to extend time for lodging the appeal under relevant legislation' 'What constitutes effective service of orders under the Strata Schemes Management Act 1996']

Ratio Decidendi

The Tribunal found that the appeal against the Adjudicator's order was filed out of time and that the Tribunal had no power under the relevant legislation to extend the time for most grounds of appeal as s 41 of the NCAT Act was specifically excluded by s 177(4) of the Strata Schemes Management Act 1996. Further, for the remaining grounds, there was no sufficient cause shown to justify any extension. As a result, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']