Manbead Pty Ltd v The Owners - Strata Plan No 87635 [2016] NSWCATAP 167

Manbead Pty Ltd v The Owners - Strata Plan No 87635 [2016] NSWCATAP 167

The developer had standing because it was a party to the proceedings before the Tribunal. However, the appeal was lodged more than 9 months late, the explanations given did not explain the delay, and the proposed appeal had very poor prospects. The monetary jurisdiction ground failed because the individual claims in the six proceedings and common property claim did not exceed the Tribunal's monetary limit, even allowing for additional costs. The out-of-time ground failed because the agreement on which the developer relied was only noted by the Tribunal and was not an order. The building-claim ground concerned the renewal proceedings rather than the 28 May 2015 consent orders under appeal....

Jurisdiction
Australia
Judgment Date
26 July 2016
Procedural Posture
Internal Appeal From Consumer and Commercial Division Consent Orders in Home Building Proceedings / Application to Extend Time to Lodge Notice of Appeal and Appeal
Outcome
The application to extend time to lodge the notice of appeal was refused and the appeal was dismissed.
Legal Topics
['standing to Appeal' 'extension of Time' 'consent Orders' 'tribunal Jurisdiction' 'home Building Claims' 'monetary Jurisdiction']
['administrative Law' 'civil Procedure' 'home Building' 'strata'] ['standing to Appeal' 'extension of Time' 'consent Orders' 'tribunal Jurisdiction' 'home Building Claims' 'monetary Jurisdiction']

Case Brief

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Procedural Posture

Internal Appeal From Consumer and Commercial Division Consent Orders in Home Building Proceedings / Application to Extend Time to Lodge Notice of Appeal and Appeal

Legal Issues

  1. 1 ["Whether the developer had standing to appeal from the Tribunal's consent orders." 'Whether time should be extended where the notice of appeal was lodged more than 9 months late.' "Whether the proposed appeal had sufficient prospects of success, including grounds alleging that the consent orders exceeded the Tribunal's monetary jurisdiction, were out of time, or did not concern a building claim."]

Ratio Decidendi

The developer had standing because it was a party to the proceedings before the Tribunal. However, the appeal was lodged more than 9 months late, the explanations given did not explain the delay, and the proposed appeal had very poor prospects. The monetary jurisdiction ground failed because the individual claims in the six proceedings and common property claim did not exceed the Tribunal's monetary limit, even allowing for additional costs. The out-of-time ground failed because the agreement on which the developer relied was only noted by the Tribunal and was not an order. The building-claim ground concerned the renewal proceedings rather than the 28 May 2015 consent orders under appeal....

Court Disposition

The application to extend time to lodge the notice of appeal was refused and the appeal was dismissed.

Orders

  • ['The application to extend time to lodge the notice of appeal is refused.' 'The appeal is dismissed.']