288-306 WATTLE STREET ULTIMO

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.

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

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