Shousha v Owners Strata Plan 2657 [2021] NSWCATAP 405

Shousha v Owners Strata Plan 2657 [2021] NSWCATAP 405

The application to extend time to appeal the substantive decision was refused due to inadequate reasons for delay and poor prospects of success on the appeal; no error of law or miscarriage of justice established. The appeal against both substantive and costs decisions was dismissed as the Tribunal's decisions on evidence and discretion in costs were open and without clear mistake or procedural unfairness.

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Appeal / Appeal Panel Determination Following Applications Regarding Extension of Time and Merits of Substantive and Costs Decisions
Outcome
Application to extend time refused; appeal dismissed.
Legal Topics
['appeal Procedure' 'extension of Time' 'strata Schemes Management' 'costs in Tribunal' 'evidence Assessment']
['strata and Property Law'] ['appeal Procedure' 'extension of Time' 'strata Schemes Management' 'costs in Tribunal' 'evidence Assessment']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Determination Following Applications Regarding Extension of Time and Merits of Substantive and Costs Decisions

Legal Issues

  1. 1 ['Whether time to appeal the substantive decision should be extended' 'Whether appealable error exists in the substantive decision' 'Whether tribunal erred in dismissing claims for reimbursement, car space loss, lost items, and rental income' "Whether costs decision was in error, specifically in refusing the Appellant's application for costs"]

Ratio Decidendi

The application to extend time to appeal the substantive decision was refused due to inadequate reasons for delay and poor prospects of success on the appeal; no error of law or miscarriage of justice established. The appeal against both substantive and costs decisions was dismissed as the Tribunal's decisions on evidence and discretion in costs were open and without clear mistake or procedural unfairness.

Court Disposition

Application to extend time refused; appeal dismissed.

Orders

  • ['Application to extend time for lodgment of the appeal in respect of the Substantive Decision is refused.' 'The appeal (in respect of both the Substantive Decision and the Costs Decision) is dismissed.' 'If the Respondent seeks costs of the appeal, it must file and serve submissions within 14 days.' "The Appellant...