288-306 Wattle Street

JUDGMENTS AND ORDERS – amending, varying and setting aside – powers of NCAT – correction under slip rule –proceedings remitted by Appeal Panel without considering fundamental jurisdictional issue – power to vary order and issue second decision LAND LAW – strata title – caretaker agreements – power to terminate – agreement entered into prior to statutory power to terminate – application by owners corporation to NCAT – power under Strata Schemes Management Act 2015 (NSW), s 72 to terminate agreement STATUTORY INTERPRETATION – amendment and repeal – caretaker agreement entered into in 2001 – effect of transitional provisions – whether transitional provision applying to one class of earlier agreements by implication excluded other agreements

LAND LAW – Strata title – Building manager – Whether caretaker agreement should be terminated -Whether saving provision applies – Whether ancillary orders should be made

COURTS AND TRIBUNALS – jurisdiction – jurisdiction of Supreme Court and NSW Civil and Administrative Tribunal – Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 5(3) – where proceeding commenced in NSW Civil and Administrative Tribunal (“NCAT”) concerning the validity of an annual general meeting called by the managing agent of a strata scheme – where another proceeding is subsequently commenced in the Supreme Court raising substantially the same issues – whether the Court has jurisdiction to hear and determine those issues in light of the previously commenced NCAT proceeding – no jurisdiction to hear and determine those issues PRACTICE AND PROCEDURE – transfer – transfer from Supreme Court to NSW Civil and Administrative Tribunal (“NCAT”) – where prayer for relief in summons claims an order for the managing agent of a strata scheme to deliver up to the chairman of the strata committee a list of owners and their contact details – where NCAT has jurisdiction to determine such claim – whether appropriate to transfer claim to NCAT for determination – proceeding transferred

PRACTICE AND PROCEDURE – Transfer of proceedings from Consumer and Commercial Division of NCAT to a court – Sch 4 cl 6 of the Civil and Administrative Tribunal Act 2013 – effect of Sch 4 cl 5 (jurisdiction to determine issues) on power of transfer – relevant considerations in determining whether to transfer proceedings.

APPEAL – costs of appeal and costs at first instance – whether special circumstances exist warranting an order for costs – whether indemnity costs should be ordered.

COURTS AND TRIBUNALS – power to transfer to NSW Civil and Administrative Tribunal (NCAT) – Civil and Administrative Tribunal Act 2013 (NSW), sch 4 cl 6(2) – proceedings commenced in Court – application then filed in NCAT – Court has jurisdiction for common issues and NCAT does not, by sch 4 cl 5(7) – whether Court can transfer to NCAT under sch 4 cl 6(2) – statutory construction of sch 4 cl 6(2) at [13]-[26] – Court may transfer where parties agree or it is appropriate to do so.