Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315

Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315

The Tribunal lacked power under s 87 of the Strata Schemes Management Act 2015 to vary the contribution to a special levy for individual lot owners unless the aggregate amount levied was excessive or inadequate, or the actual manner of payment was unreasonable, and the power under s 232(1) was not enlivened absent a substantive right or obligation arising in law; therefore, the orders made were not within power.

Jurisdiction
Australia
Judgment Date
30 September 2022
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 / Appeal Panel Decision on Appeal From Consumer and Commercial Division of the Civil and Administrative Tribunal
Outcome
Appeal allowed; Tribunal's substantive order set aside; application to vary contributions dismissed.
Legal Topics
['contributions to Special Levy' 'order Making Power S 87 and S 232(1) of Strata Schemes Management Act 2015' 'varying Unit Entitlements' "tribunal's Jurisdiction and Powers"]
['strata Law' 'administrative Law'] ['contributions to Special Levy' 'order Making Power S 87 and S 232(1) of Strata Schemes Management Act 2015' 'varying Unit Entitlements' "tribunal's Jurisdiction and Powers"]

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 / Appeal Panel Decision on Appeal From Consumer and Commercial Division of the Civil and Administrative Tribunal

Legal Issues

  1. 1 ['Did the Tribunal have power to alter contributions to the November 2020 special levy under s 87(1) of the Strata Schemes Management Act 2015?' 'Did the Tribunal have power to alter contributions under s 232(1) of the Strata Schemes Management Act 2015?' 'If the Tribunal had power, did the exercise of discretion miscarry?' 'Was there a substantial miscarriage of justice?']

Ratio Decidendi

The Tribunal lacked power under s 87 of the Strata Schemes Management Act 2015 to vary the contribution to a special levy for individual lot owners unless the aggregate amount levied was excessive or inadequate, or the actual manner of payment was unreasonable, and the power under s 232(1) was not enlivened absent a substantive right or obligation arising in law; therefore, the orders made were not within power.

Court Disposition

Appeal allowed; Tribunal's substantive order set aside; application to vary contributions dismissed.

Orders

  • ['The appeal is allowed.' 'Order 1 made by the Tribunal on 15 October 2021 in SC 21/18734 is set aside.' 'Proceedings SC 21/18734 are dismissed.' 'If an application for costs is made, the application is to be filed and served, supported by evidence and submissions not exceeding five pages in length, within 14 days...