262 BONDI ROAD BONDI

APPEAL – NCAT – Extension of time sought to appeal decision of NCAT – delay of over two years – appeal on question of law – leave required – plaintiffs accepted in NCAT that s 132 Strata Schemes Development Act 2015 (NSW) provided power to make orders sought – opposite position now taken for the first time – power of NCAT to make orders under s 132 Strata Schemes Development Act 2015 (NSW) – "damage" to common property under s 132 – power of NCAT to make orders conditional on approval granted under the Environmental Planning and Assessment Act 1979 – special resolution passed to permit construction/alterations on common property – concurrent proceedings in Equity Division of Supreme Court – extension of time refused

COSTS – Special circumstances – Abandonment of Grounds of Appeal

STRATA SCHEMES MANAGEMENT – building new residential area in common property – whether authorised in accordance with s 65A of the Strata Management Act 1996 – whether discretionary refusal of relief argument available on appeal – point not run at first instance