2 RAILWAY PARADE AUBURN

Administrative Law – Review of administrative decision – Statutory appeal under s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) – Whether question of law or fact – Where Appeal Panel finding concerned only a question of fact – Where leave to appeal would nonetheless be refused

LAND LAW — strata title — common property — maintenance and repair of common property – action for damages by lot owner – proceedings commenced more than two years after the owner became aware of loss – whethertime can be extended under s 41 of the Civil and Administrative Tribunal Act – statutory interpretation APPEAL – Strata Schemes Management Act 2015 – leave to appeal – leave refused

LAND LAW — strata title — common property — maintenance and repair of common property – action for damages by lot owner – proceedings commenced more than two years after the owner became aware of loss – extension of time – the temporal element in s 106(6) of the Strata Schemes Management Act 2015 not a jurisdictional fact – time to extend that period of time pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – jurisdiction and power to extend time pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 – Tribunal may extend time despite any provision to the contrary under legislation conferring general jurisdiction - Tribunal may extend time even if the relevant period of time has expired – s 41 beneficial legislation – no warrant to impose limitations on the power expressed in s 41