The Owners - Strata Plan No 60182 v Bornzin [2019] NSWCATCD 30

The Owners - Strata Plan No 60182 v Bornzin [2019] NSWCATCD 30

Because the orders made on 27 April 2016 by Senior Member Rosser under the Strata Schemes Management Act 1996 (NSW) lapsed after two years by operation of s 172 of that Act, and no new or independent basis for access and work orders was clearly articulated or adjudicated upon in these proceedings, the Tribunal had no jurisdiction to make the orders sought by the owners corporation. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Strata Dispute / Civil and Administrative Tribunal Application / Final Decision on Application (after Hearing and Submissions)
Outcome
Application dismissed
Legal Topics
['orders Under Strata Schemes Management Act' 'operation of Savings and Transitional Provisions' 'access and Work Orders' 'compliance With Previous Tribunal Orders' 'jurisdiction and Duration of Orders' 'procedural Fairness']
['strata Law' 'property Law' 'administrative Law'] ['orders Under Strata Schemes Management Act' 'operation of Savings and Transitional Provisions' 'access and Work Orders' 'compliance With Previous Tribunal Orders' 'jurisdiction and Duration of Orders' 'procedural Fairness']

Case Brief

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Procedural Posture

Strata Dispute / Civil and Administrative Tribunal Application / Final Decision on Application (after Hearing and Submissions)

Legal Issues

  1. 1 ['Whether the owners corporation was entitled to access orders under the Strata Schemes Management Act 2015 (NSW) to remove unauthorised installations from a Lot based on expired prior Tribunal orders' 'Whether the prior orders made under the Strata Schemes Management Act 1996 (NSW) remained in force at the relevant time due to transitional provisions' 'Whether the Tribunal could make appropriate orders nunc pro tunc or anew based on the circumstances' 'Whether procedural fairness was afforded to the Lot owner regarding new bases for the orders sought']

Ratio Decidendi

Because the orders made on 27 April 2016 by Senior Member Rosser under the Strata Schemes Management Act 1996 (NSW) lapsed after two years by operation of s 172 of that Act, and no new or independent basis for access and work orders was clearly articulated or adjudicated upon in these proceedings, the Tribunal had no jurisdiction to make the orders sought by the owners corporation. The application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed.' 'Any costs application by the respondent to be made in writing with supporting submissions not exceeding 5 pages, with copy to the other party, within 14 days of the decision.' 'If any costs application is made, the applicant may file and serve submissions in reply (not exceeding 5 pages)...