The Owners - Strata Plan No 54026 v Phillipa Ternes [2019] NSWSC 1579

The Owners - Strata Plan No 54026 v Phillipa Ternes [2019] NSWSC 1579

NCAT had jurisdiction under Strata Schemes Management Act 2015 (NSW), s 232 to determine the owners corporation's dispute about obtaining owner contact details for the strata roll, and that jurisdiction was not made exclusive by Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 5 because the substantive issues in the existing NCAT proceedings were distinct. The Supreme Court proceedings were not an abuse of process, but disputes under the Strata Schemes Management Act 2015 (NSW) should ordinarily be dealt with by NCAT and there was no sufficient urgency or special feature requiring the Supreme Court to retain the matter. The defendants succeeded in substance by having the matter...

Jurisdiction
Australia
Judgment Date
12 November 2019
Procedural Posture
Interlocutory Application in Supreme Court Proceedings Concerning Access to Strata Roll Owner Contact Details / Defendants' Notice of Motion for Summary Dismissal or Stay; Transfer to NCAT Considered and Ordered
Outcome
Proceedings transferred to the Civil and Administrative Tribunal; defendants' application succeeded in substance; plaintiff ordered to pay costs of the notice of motion.
Legal Topics
['transfer of Proceedings' 'forum' 'summary Dismissal or Stay' 'owners Corporation' 'strata Roll' 'ncat Jurisdiction' 'strata Schemes Management Act 2015 (nsw)']
['practice and Procedure' 'land Law' 'strata Title' 'real Property'] ['transfer of Proceedings' 'forum' 'summary Dismissal or Stay' 'owners Corporation' 'strata Roll' 'ncat Jurisdiction' 'strata Schemes Management Act 2015 (nsw)']

Case Brief

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Procedural Posture

Interlocutory Application in Supreme Court Proceedings Concerning Access to Strata Roll Owner Contact Details / Defendants' Notice of Motion for Summary Dismissal or Stay; Transfer to NCAT Considered and Ordered

Legal Issues

  1. 1 ['Whether the Civil and Administrative Tribunal had jurisdiction to make the orders sought by the owners corporation for production of owner contact details recorded on or relevant to the strata roll.' 'Whether any NCAT jurisdiction was exclusive so that the Supreme Court had no jurisdiction to hear or determine the issues.' 'Whether the Supreme Court proceedings were an abuse of process because of existing NCAT proceedings involving UniLodge Australia, Sydney Campus and the owners corporation.' 'Whether the proceedings should be transferred to NCAT and what costs order should be made.']

Ratio Decidendi

NCAT had jurisdiction under Strata Schemes Management Act 2015 (NSW), s 232 to determine the owners corporation's dispute about obtaining owner contact details for the strata roll, and that jurisdiction was not made exclusive by Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 5 because the substantive issues in the existing NCAT proceedings were distinct. The Supreme Court proceedings were not an abuse of process, but disputes under the Strata Schemes Management Act 2015 (NSW) should ordinarily be dealt with by NCAT and there was no sufficient urgency or special feature requiring the Supreme Court to retain the matter. The defendants succeeded in substance by having the matter...

Court Disposition

Proceedings transferred to the Civil and Administrative Tribunal; defendants' application succeeded in substance; plaintiff ordered to pay costs of the notice of motion.

Orders

  • ['Pursuant to Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 6(2), these proceedings be transferred to the Civil and Administrative Tribunal, and continue before the Tribunal as if the proceedings had been instituted before the Tribunal.' 'The plaintiff/respondent pay the costs of the...