Wrigley v Owners Corporation SP 53413 [2017] NSWCATAP 100

Wrigley v Owners Corporation SP 53413 [2017] NSWCATAP 100

On proper construction of Sch 3 Cls 7 and 9 of the Strata Schemes Management Act 2015, appeal rights accrued under the Strata Schemes Management Act 1996 survive repeal and must be exercised as external appeals under the old Act, not as internal appeals under NCAT. The transitional provisions preserve both the substantive appeal right and its nature; therefore, Mr Wrigley's appeal must be heard as an external appeal by a Member of the Consumer and Commercial Division, not by the Appeal Panel.

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Appeal / Preliminary Determination of Appeal Jurisdiction; Orders for Remittal
Outcome
Matter remitted; appeal to proceed as external appeal under Strata Schemes Management Act 1996 and NCAT Act
Legal Topics
['transitional Provisions' 'appeal Rights Under Repealed Statutes' 'ncat Appeal Jurisdiction' 'strata Schemes Management Act Repeal and Replacement']
['strata Law' 'administrative Law' 'statutory Interpretation'] ['transitional Provisions' 'appeal Rights Under Repealed Statutes' 'ncat Appeal Jurisdiction' 'strata Schemes Management Act Repeal and Replacement']

Case Brief

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Procedural Posture

Appeal / Preliminary Determination of Appeal Jurisdiction; Orders for Remittal

Legal Issues

  1. 1 ['Whether repeal of the Strata Schemes Management Act 1996 abolished or affected appeal rights' 'Whether appeal should proceed as external or internal under NCAT Act' 'Effect of transitional provisions on pending proceedings and appeal rights']

Ratio Decidendi

On proper construction of Sch 3 Cls 7 and 9 of the Strata Schemes Management Act 2015, appeal rights accrued under the Strata Schemes Management Act 1996 survive repeal and must be exercised as external appeals under the old Act, not as internal appeals under NCAT. The transitional provisions preserve both the substantive appeal right and its nature; therefore, Mr Wrigley's appeal must be heard as an external appeal by a Member of the Consumer and Commercial Division, not by the Appeal Panel.

Court Disposition

Matter remitted; appeal to proceed as external appeal under Strata Schemes Management Act 1996 and NCAT Act

Orders

  • ["The appellant's amended notice of appeal is to stand as an application for Tribunal orders under the Strata Schemes Management Act 1996 for an external appeal from an order of an adjudicator." 'The matter is taken for all purposes to have been commenced on 20 December 2016.' 'The matter is remitted to the Consumer...