The Owners Strata Plan no 63731 v The Bunker Pty Ltd [2021] NSWCATAP 119

The Owners Strata Plan no 63731 v The Bunker Pty Ltd [2021] NSWCATAP 119

The application for summary dismissal of the appeal was dismissed because the authority for the appeal was sufficiently arguable and neither the procedural nor substantive defects identified could render the appeal frivolous, vexatious, or lacking in substance under s 55(1)(b) of the Civil & Administrative Tribunal...

Source-derived case information.

Parties
Appellant: The Owners Strata Plan no 63731; Respondent: The Bunker Pty Ltd
Jurisdiction
Australia
Judgment Date
05 May 2021
Procedural Posture
Appeal / Interlocutory; Application for Summary Dismissal of Appeal
Outcome
Application for summary dismissal of appeal dismissed
Legal Topics
Summary Dismissal, Authority to Bring Appeal, Strata Scheme Management, Retainer of Legal Services, Insurance Authority
Strata and Property Law Administrative Law Summary Dismissal Authority to Bring Appeal Strata Scheme Management Retainer of Legal Services Insurance Authority

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Parties

The Owners Strata Plan no 63731

Appellant

The Bunker Pty Ltd

Respondent

Procedural Posture

Appeal / Interlocutory; Application for Summary Dismissal of Appeal

Legal Issues

  1. 1 Whether appeal was brought with appropriate authority
  2. 2 Whether those representing the Owners Corporation had a valid retainer
  3. 3 Whether the appeal was frivolous, vexatious, or lacking in substance

Ratio Decidendi

The application for summary dismissal of the appeal was dismissed because the authority for the appeal was sufficiently arguable and neither the procedural nor substantive defects identified could render the appeal frivolous, vexatious, or lacking in substance under s 55(1)(b) of the Civil & Administrative Tribunal Act 2013 (NSW).

Court Disposition

Application for summary dismissal of appeal dismissed

Orders

  • Application for summary dismissal of appeal dismissed