Manbead Pty Ltd v The Owners – Strata Plan; No 87635 [2017] NSWSC 1629

The application for leave to appeal was dismissed because no error of law was established by the Appeal Panel. The Panel correctly considered the claims as not exceeding the jurisdictional limit, found the prospects of appeal very poor, and was not obliged to revisit costings in the Scott Schedule prepared after the consent orders.

Jurisdiction: Australia
Judgment Date: 28 November 2017
Procedural Posture: Application for Leave to Appeal / Application for Leave to Appeal From NCAT Appeal Panel
Outcome: Application for leave to appeal dismissed
Legal Topics: ['appeals' 'jurisdiction of Ncat' 'common Property Defects' 'standing in Strata Matters']

['building and Construction Law' 'civil Procedure' 'strata Law'] ['appeals' 'jurisdiction of Ncat' 'common Property Defects' 'standing in Strata Matters']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From NCAT Appeal Panel

Legal Issues

1 ['Whether Appeal Panel erred in assuming separate claims were maintainable under NCAT jurisdictional limits' 'Whether Appeal Panel erred in declining to consider Scott Schedule prepared after consent orders for jurisdictional threshold' 'Whether consent orders were ultra vires if the claim was indivisible and exceeded jurisdictional limits']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed

Orders

['The application for leave to appeal is dismissed.' "The plaintiff is to pay the defendant's costs."]