Guo v The Owners - Strata Plan No. 70067 [2019] NSWCATAP 219

Guo v The Owners - Strata Plan No. 70067 [2019] NSWCATAP 219

The appeal was dismissed as the Tribunal had appropriately exercised its discretion not to make rectification orders, having accepted evidence of ongoing and planned remedial works under a compulsory strata manager. The Tribunal did not deny procedural fairness to the appellant, gave adequate reasons, and no substantial miscarriage of justice was identified.

Parties
Appellant: Zhi Jun Guo; Respondent: The Owners - Strata Plan No. 70067
Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Appeal / Decision of Appeal Panel
Outcome
Appeal dismissed
Legal Topics
Strata Title, Common Property, Maintenance and Repair, Breach of Statutory Obligation, Discretion of Tribunal, Compulsory Appointment of Strata Manager
Land Law Strata Title Common Property Maintenance and Repair Breach of Statutory Obligation Discretion of Tribunal Compulsory Appointment of Strata Manager

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Parties

Zhi Jun Guo

Appellant

The Owners - Strata Plan No. 70067

Respondent

Procedural Posture

Appeal / Decision of Appeal Panel

Legal Issues

  1. 1 Whether the Tribunal should have made orders for rectification of common property defects as sought by appellant
  2. 2 Whether procedural fairness was denied to the appellant
  3. 3 Whether the respondent breached statutory obligation under s 106 Strata Schemes Management Act 2015 (NSW)

Ratio Decidendi

The appeal was dismissed as the Tribunal had appropriately exercised its discretion not to make rectification orders, having accepted evidence of ongoing and planned remedial works under a compulsory strata manager. The Tribunal did not deny procedural fairness to the appellant, gave adequate reasons, and no substantial miscarriage of justice was identified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • If either party desires to make an application for costs: (a) they are to so inform the other party within 14 days of the date of these reasons; (b) the applicant for costs is to lodge with NCAT and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14...