54-56 FITZMAURICE STREET WAGGA WAGGA

LAND LAW – strata title – where plaintiffs own two lots in large strata plan – where NSW Civil and Administrative Tribunal made order for reallocation of unit entitlements pursuant to s 236 of Strata Schemes Management Act 2015 (NSW) – where effect of reallocation is significantly to increase strata levies payable on plaintiffs’ lots – where internal appeal to Appeal Panel dismissed – where plaintiffs now seek leave to appeal under s 83 of Civil and Administrative Tribunal Act 2013 (NSW) – whether summons identifies questions of law – whether Appeal Panel misconstrued s 236 of Strata Schemes Management Act – whether exercise of discretion to make reallocation order miscarried – whether decision legally unreasonable – whether plaintiffs’ arguments misstated or not addressed – whether Appeal Panel erred in not finding that Tribunal failed to afford procedural fairness by not informing plaintiffs, as litigants-in-person, of need to lead certain valuation evidence

CIVIL PROCEDURE — hearings — application to vacate hearing date

APPEAL – strata scheme – reallocation of unit entitlement – exercise of discretion to reallocate – relevant factors for consideration – duties of Tribunal towards unrepresented party – whether denial of procedural fairness - whether discretion miscarried