44-50 GARDENERS ROAD KINGSFORD

APPEALS – procedure – time limits – extension of time LAND LAW – Strata Schemes Management Act 2015 (NSW) – refusal to appoint compulsory manager on a limited basis – whether leave to appeal should be granted.

COURTS AND TRIBUNALS – jurisdiction – jurisdiction of the NSW Supreme Court and NSW Civil and Administrative Tribunal – Civil and Administrative Tribunal Act 2013 (NSW) Sch 4, cl 5(3) - where proceedings commenced in NSW Civil and Administrative Tribunal (NCAT) – regarding water ingress into penthouse lot – duplication of issues in NCAT and the NSW Supreme Court – both parties accept the NSW Supreme Court’s lack of jurisdiction – question of appropriate consequential orders – whole matter transferred to NCAT

LAND LAW Strata Schemes – sections 106, 232 and 237 of the Strata Schemes Management Act 2015 (NSW) – failure to maintain and repair property – water penetration – lengthy duration – unsuccessful previous solutions - appointment of compulsory strata manager – specific purpose - costs