22 CENTRAL AVENUE MANLY

CONTRACT — Local council licensed car parking spaces to owners corporation — Council claim for unpaid licence fees — Owners corporation cross-claim to recover licence fees paid under mistaken belief of obligation to pay — Construction of licence agreement — No mistaken payment — Owners corporation liable for unpaid licence fees TORTS — Trespass and private nuisance — Roller door restricting potential incorporation of spaces into public car park — Loss of car park revenue — Substantial and unreasonable interference with rights of access and use – Obligations of owners corporation in respect of common property LIMITATION OF ACTIONS — Unpaid electricity charges — Whether running account between the parties — Existence of running account not shown — No factual basis to consider different approach to operation of limitations period — Claim out of time

CIVIL PROCEDURE — Hearings — Adjournment — Abuse of process – No abuse of abuse established where second application for adjournment CIVIL PROCEDURE — Hearings — Adjournment — Relevant factors — Where there are proceedings on foot in both the Tribunal and a court - Where the Tribunal is deprived of jurisdiction in respect of issues – Adjournment granted