Sunaust Properties Pty Ltd v The Owners - Strata Plan No 64807 [2022] NSWCATAP 55

Sunaust Properties Pty Ltd v The Owners - Strata Plan No 64807 [2022] NSWCATAP 55

A limited stay was granted as the interests of justice required protection of the appellant's rights under by-law RB1 pending the appeal, with a conditional stay of the sale order and essential use of the reception lot to the respondent, to balance the parties' interests without prejudicing the safety and operation of the scheme.

Parties
Appellant: Sunaust Properties Pty Ltd; Respondent: The Owners - Strata Plan No 64807
Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Limited stay of orders granted with conditions pending determination of the appeal.
Legal Topics
Appeal, Stay of Orders, Caretaker Agreement, Strata by Laws
Strata Title Law Tribunal Procedure Appeal Stay of Orders Caretaker Agreement Strata by Laws

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Parties

Sunaust Properties Pty Ltd

Appellant

The Owners - Strata Plan No 64807

Respondent

Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of Tribunal orders pending appeal, particularly regarding the caretaker's agreement and by-law RB1
  2. 2 Whether conditions should be attached to the stay in relation to use of the reception lot

Ratio Decidendi

A limited stay was granted as the interests of justice required protection of the appellant's rights under by-law RB1 pending the appeal, with a conditional stay of the sale order and essential use of the reception lot to the respondent, to balance the parties' interests without prejudicing the safety and operation of the scheme.

Court Disposition

Limited stay of orders granted with conditions pending determination of the appeal.

Orders

  • The effect of order 1 made in proceedings SC 21/02639 on 17 January 2022 is stayed, solely to the extent that it affects the appellant's rights in respect of by-law RB1.
  • The effect of order 2 made in proceedings SC 21/02639 on 17 January 2022 is stayed.