Coscuez International Case No. 2: NCAT Makes Orders in line with NCAT Appeal Panel

Coscuez International Pty Ltd v The Owners – Strata Plan No 46433; The Owners – Strata Plan No 46433 v Coscuez International Pty Ltd [2022] NSWCATCD 201

GoStrata’s CaseWatch is a short, sharp and easy-to-understand review of important and interesting Court and Tribunal decisions affecting Australian strata title stakeholders.

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Quick Read

This 2022 NCAT decision is the follow up rehearing to the NCAT Appeal Panel decision about special by laws, money order powers and a by law refusal in this Ultimo strata title building  about the ‘Chatime’ bubble tea shop and ‘Morning Glory’ gift shop.  NCAT had to consider 7 issues referred to it.  Most of them were quickly resolved by following guidance of the NCAT Appeal Panel but one, the by law refusal, needed more evidence and consideration ending with the by law being made. The decision isn’t surprising since the NCAT Appeal Panel gave clear guidance on most of the  strata law issues in the dispute.  But it does demonstrate how strictly and critically NCAT will consider materials relating by law refusals against the strata building.   

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Implications

The key implications of this strata case are as follows.

• NCAT will closely follow the outcome of Appeal Panel decisions and findings when reconsidering a dispute.

• Sometimes, NCAT will allow more and new evidence after an appeal.

• There’s a 2 steps process to considering by law refusals under s 149.