The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186

The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186

The Tribunal had no power under s 232, s 87 or s 88 of the Strata Schemes Management Act 2015 to order repayment of contributions to the respondents; the statutory scheme required levies in proportion to unit entitlement, and any exception required a by-law. The appeal was allowed and the orders below quashed.

Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal upheld; application before Senior Member dismissed
Legal Topics
['levying of Contributions' 'strata Schemes Management' 'orders Under Strata Schemes Management Act 2015' 'differential Levies' 'tribunal Powers']
['strata Title' 'administrative Law'] ['levying of Contributions' 'strata Schemes Management' 'orders Under Strata Schemes Management Act 2015' 'differential Levies' 'tribunal Powers']

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the Tribunal had power under the Strata Schemes Management Act 2015 to order repayment of contributions for hot water electricity costs to respondents who did not benefit from the supply' 'Whether ss 87, 88 or 232 of the Strata Schemes Management Act 2015 empowered the Tribunal to make the order for repayment']

Ratio Decidendi

The Tribunal had no power under s 232, s 87 or s 88 of the Strata Schemes Management Act 2015 to order repayment of contributions to the respondents; the statutory scheme required levies in proportion to unit entitlement, and any exception required a by-law. The appeal was allowed and the orders below quashed.

Court Disposition

appeal upheld; application before Senior Member dismissed

Orders

  • ['The appeal is upheld' 'The orders under appeal are quashed and in lieu the application before the Senior Member is dismissed' 'Costs are reserved with liberty to apply, application for costs to be made within 28 days']