Owners Corporation Strata Plan 7596 v Risidore & Ors [2003] NSWSC 966

Owners Corporation Strata Plan 7596 v Risidore & Ors [2003] NSWSC 966

The additional expert evidence sought by the plaintiff was not relevant to the question before the Tribunal, which concerned whether the Owners Corporation had unreasonably refused consent at the time the refusal occurred; therefore, there was no error in the Tribunal's refusal to admit it, and leave to appeal should not be granted.

Parties
Plaintiff: Owners Corporation Strata Plan 7596; First Defendant: Neil Risidore; Second Defendant: Christine Giles; Third Defendant: Consumer, Trader & Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
28 October 2003
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave and Dismissal of Summons
Outcome
application for leave refused, summons dismissed, costs to plaintiff
Legal Topics
Admissibility of Evidence, Appeal From Tribunal, Strata Schemes, Procedural Fairness
Strata Law Administrative Law Admissibility of Evidence Appeal From Tribunal Strata Schemes Procedural Fairness

Case Brief

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Parties

Owners Corporation Strata Plan 7596

Plaintiff

Neil Risidore

First Defendant

Christine Giles

Second Defendant

Consumer, Trader & Tenancy Tribunal

Third Defendant

Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave and Dismissal of Summons

Legal Issues

  1. 1 Whether leave should be granted to appeal an interim finding of the Tribunal refusing admission of additional expert evidence
  2. 2 Whether the Tribunal erred in its determination regarding admissibility of evidence relating to alterations to common property

Ratio Decidendi

The additional expert evidence sought by the plaintiff was not relevant to the question before the Tribunal, which concerned whether the Owners Corporation had unreasonably refused consent at the time the refusal occurred; therefore, there was no error in the Tribunal's refusal to admit it, and leave to appeal should not be granted.

Court Disposition

application for leave refused, summons dismissed, costs to plaintiff

Orders

  • The application for leave is refused.
  • The Summons is dismissed.