185-211 Liverpool Street

ADMINISTRATIVE LAW - judicial review - error of law - whether District Court erred as to scope of statutory obligations of owners' corporation to maintain and repair common property - appeal from decision of Consumer, Trader and Tenancy Tribunal dismissed - no appeal from order of District Court - substantive issue between the parties no longer exists - respondents seeking to maintain favourable costs order in court below - public interest in addressing erroneous construction of powers and obligations of an owners' corporation -whether relief should be declined on discretionary basis STRATA TITLES - owners' corporation - powers and duties - maintenance and repair of common property - lot owner altered common property without authorisation - whether owners' corporation's obligation to "maintain" common property to be read down by reference to duty to "keep in good and serviceable repair" - whether obligation to maintain common property extends to removing unauthorised alteration - entitlement to order for access against occupier - Strata Schemes Management Act 1996 (NSW), ss 62, 65, 145

ADMINISTRATIVE LAW - Appeal from Consumer, Trader and Tenancy Tribunal - whether appealable questions have been raised - nature of the appeal as of right or by leave - Divs 1 and 2 of Pt 5 of Crimes (Appeal and Review) Act 2001 - decision of the CTTT denied the owners corporation access to a tenanted commercial allotment to enable removal of unauthorised structural work carried out during a prior tenancy - remedy pursued against the tenants of the allotment rather than against the owner

COSTS – judicial review proceedings - costs sought by a respondent who submitted to the orders save as to costs – motion filed after costs order issued – respondent did not pursue the motion - applicant applied for the respondent to bear the costs of the motion –motion and application dismissed – warning about legal representatives’ duties under s 56 of the Civil Procedure Act 2005 (NSW) when applying to the Court