Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230

Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230

The Tribunal had no jurisdiction to make the orders Ms Walsh sought under s 232, as her complaint was not about a relevant breach or failure under the Act. The Tribunal's finding that the garage door was common property was supported by evidence and law. There was no error of law or grounds to grant leave to appeal, and no basis for costs orders against either party.

Parties
Appellant: Piroska Walsh; Respondent: The Owners - Strata Plan No 10349
Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Orders Under S 232 Strata Schemes Management Act, Common Property Vs Lot Property, Jurisdiction of NCAT, Power to Make Declaratory or Costs Orders
Strata Law Property Law Civil Procedure Orders Under S 232 Strata Schemes Management Act Common Property Vs Lot Property Jurisdiction of NCAT Power to Make Declaratory or Costs Orders

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Piroska Walsh

Appellant

The Owners - Strata Plan No 10349

Respondent

Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether Tribunal had jurisdiction to make orders sought under s 232 of the Strata Schemes Management Act 2015 (NSW)
  2. 2 Whether the garage door was common property or lot property
  3. 3 Whether there was an error of law in Tribunal's refusal to make orders against parties other than the owners corporation

Ratio Decidendi

The Tribunal had no jurisdiction to make the orders Ms Walsh sought under s 232, as her complaint was not about a relevant breach or failure under the Act. The Tribunal's finding that the garage door was common property was supported by evidence and law. There was no error of law or grounds to grant leave to appeal, and no basis for costs orders against either party.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant's application for costs is refused.