The Owners - Strata Plan No. 37762 v Dinh Phuong Dung Pham & Anor [2006] NSWSC 1442

The Owners - Strata Plan No. 37762 v Dinh Phuong Dung Pham & Anor [2006] NSWSC 1442

The Consumer, Trader and Tenancy Tribunal constitutes a court for the purposes of the Suitors' Fund Act 1951 (NSW), justifying the grant of an indemnity certificate, and the Tribunal lacks general power to award costs except in limited circumstances specified by s192 of the Strata Schemes Management Act 1996 (NSW).

Parties
Plaintiff: The Owners - Strata Plan No. 37762; First Defendant: Ms Dinh Phuong Dung Pham; Second Defendant: Consumer, Trader and Tenancy Tribunal
Jurisdiction
Australia
Judgment Date
22 December 2006
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed; Tribunal orders quashed; costs awarded; indemnity certificate granted; application before Tribunal dismissed; no order as to Tribunal costs; proceedings otherwise dismissed.
Legal Topics
Costs Orders, Tribunal Status, Indemnity Certificate
Civil Procedure Tribunals Costs Costs Orders Tribunal Status Indemnity Certificate

Case Brief

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Parties

The Owners - Strata Plan No. 37762

Plaintiff

Ms Dinh Phuong Dung Pham

First Defendant

Consumer, Trader and Tenancy Tribunal

Second Defendant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Consumer, Trader and Tenancy Tribunal is a 'court' for the purposes of the Suitors' Fund Act 1951 (NSW)
  2. 2 Whether an indemnity certificate should be granted under s6 of the Suitors' Fund Act 1951 (NSW)
  3. 3 Whether the Tribunal has power to award costs in strata matters

Ratio Decidendi

The Consumer, Trader and Tenancy Tribunal constitutes a court for the purposes of the Suitors' Fund Act 1951 (NSW), justifying the grant of an indemnity certificate, and the Tribunal lacks general power to award costs except in limited circumstances specified by s192 of the Strata Schemes Management Act 1996 (NSW).

Court Disposition

Appeal allowed; Tribunal orders quashed; costs awarded; indemnity certificate granted; application before Tribunal dismissed; no order as to Tribunal costs; proceedings otherwise dismissed.

Orders

  • The first defendant's application to the Tribunal in matter CSC05/10475 be dismissed.
  • The first defendant pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed.