Rosenthal v The Owners – Strata Plan No 20211 [2020] NSWCATAP 251

Rosenthal v The Owners – Strata Plan No 20211 [2020] NSWCATAP 251

The Tribunal erred by denying procedural fairness in making an access order without affording parties the opportunity to be heard, and as no final relief was sought, orders 1 and 2 made on 28 August 2020 should be set aside.

Jurisdiction
Australia
Judgment Date
26 November 2020
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed
Legal Topics
['consent Orders' 'final Vs Interim Orders' 'procedural Fairness' 'interpretation of Court Orders' 'access to Property']
['administrative Law' 'strata Law'] ['consent Orders' 'final Vs Interim Orders' 'procedural Fairness' 'interpretation of Court Orders' 'access to Property']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether procedural fairness was denied by making an access order without submissions from the parties' 'Whether the access order made on 8 May 2020 was an interim or final order' 'Proper construction of Tribunal orders']

Ratio Decidendi

The Tribunal erred by denying procedural fairness in making an access order without affording parties the opportunity to be heard, and as no final relief was sought, orders 1 and 2 made on 28 August 2020 should be set aside.

Court Disposition

Appeal allowed

Orders

  • ['Leave is granted to the appellants to amend the notice of appeal in accordance with the Amended Annexure A to Notice of Appeal filed 15 September 2020.' 'The appeal is allowed and orders 1 and 2 made on 28 August 2020 in application SC 19/20671 are set aside.' 'There is no order for costs.']