The Owners-Strata Plan 36965 v Alexander [2021] NSWCATAP 407

The Owners were not entitled to an extension of time for lodging appeal as they failed to provide a satisfactory explanation for delay and the appeal lacked substantial merit; Luna was appropriately found to be an assistance animal under legislation despite lack of formal accreditation or certification.

Parties: Appellant: The Owners – Strata Plan 36965; Respondent: Jennifer Alexander
Jurisdiction: Australia
Judgment Date: 15 December 2021
Procedural Posture: Appeal / Resolution of Internal Appeal, Application for Extension of Time, and Dismissal
Outcome: Appeal dismissed; application for extension of time refused.
Legal Topics: Strata Schemes Management Act, Assistance Animal Definition, Requirements for Animal Training, Extension of Time to Appeal

Land Law Strata Schemes Management Act Assistance Animal Definition Requirements for Animal Training Extension of Time to Appeal

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 3 Authorities cited 8 Party arguments 2

Parties

The Owners – Strata Plan 36965

Appellant

Jennifer Alexander

Respondent

Procedural Posture

Appeal / Resolution of Internal Appeal, Application for Extension of Time, and Dismissal

Legal Issues

1 Whether Luna is an assistance animal within the statutory definition
2 Requirements for training under Disability Discrimination Act
3 Whether extension of time to lodge appeal should be granted

Ratio Decidendi

Court Disposition

Appeal dismissed; application for extension of time refused.

Orders

Application for an extension of time to lodge the notice of appeal is refused.
Appeal dismissed