Wrigley v Owners Corporation SP53413 [2017] NSWCATAP 100

Wrigley, is the owner of a lot in Strata Plan 53413. The Respondent is the Owners Corporation. The Owners Corporation made an application for an order from a Strata Adjudicator, under section 150 of the Strata Schemes Management Act 1996 (“SSMA1996”) that Mr Wrigley’s dog, Lola, be removed, and kept away, from the strata scheme.

On 24 November 2016, the Strata Adjudicator made the order sought by the Owners Corporation. On 29 November 2016, Mr Wrigley received notice of the Strata Adjudicator’s decision. On 30 November 2016, the SSMA1996 was repealed.

On 20 December 2016, Wrigley lodged with the Tribunal a notice of appeal against the Strata Adjudicator’s decision. Prior to the repeal of the SSMA1996, Wrigley could have lodged an external appeal to the Tribunal against the Strata Adjudicator’s decision under sections 177 and 181 of the SSMA1996. With the repeal of the SSMA1996, the Wrigley contended that he could lodge an internal appeal to the Appeal Panel under section 80 of the Civil and Administrative Tribunal Act 2013 (“CATA2013”) relying on section 30(1)(c) of the Interpretation Act 1987, the common law and the transitional provisions of the Strata Schemes Management Act 2015 to support this contention.

The effect of this Appeal Panel decision is that an appeal against any order made by a Strata Adjudicator under the now repealed SSMA1996 is to be dealt with as an external appeal to the Tribunal within the meaning of section 79 of the CATA2013, whether the Strata Adjudicator’s decision was made before or after the repeal of the SSMA1996 on 30 November 2016.

Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.