Bartlett v The Owners - Strata Plan No 12375 - [2025] NSWCATCD 92

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Bartlett v The Owners – Strata Plan No 12375 [2025] NSWCATCD 92
Hearing dates: On the papers 3 July 2025
Date of orders: 10 July 2025
Decision date: 09 July 2025
Jurisdiction: Consumer and Commercial Division
Before: G K Burton SC, Senior Member
Decision:
(1) Determine the separate questions in order 5 made 21 February 2025 as follows:
Question 1: Does the Tribunal have jurisdiction to hear the application?
Answer: yes, by reason of the applicant’s continuing standing since he was a lot owner at time of filing the application.
Question 2: What is the correct characterisation of order 2 made on 29 March 2022 in renewal proceedings SC 22/05057?
Answer: Order 2 recognises a credit of $3,000 against the amount found by the Tribunal as owing to the applicant under the agreement noted pursuant to s 104 of the Strata Schemes Management Act 2015 (NSW) order 3 made on 29 March 2022 in renewal proceedings SC 22/05057.
(2) Adjourn the proceedings part-heard before me for a remote access directions hearing (estimate 45 minutes), unless the proceedings are earlier resolved, to a date after 25 July 2025, at which directions hearing the parties are to address the making of orders which deal with the following (to the extent not already resolved): any further production under the outstanding summons issued on 4 February 2025 to the OC and any argument concerning the summons (which should be ready to be argued and determined at the directions hearing); directions for further evidence and submissions to prepare the remaining issues for final hearing; the estimated length of any hearing; whether the remaining issues can be determined on the papers; any challenge to the order on costs in order 3.
(3) Reserve the costs of the preparation for and determination of the separate question.

Catchwords:
REAL PROPERTY – STRATA MANAGEMENT – lot owner seeking refund of levies for owners corporation litigation costs and expenses in earlier proceedings the subject of consent orders – sold lot after commencing proceedings – separate questions – jurisdiction and standing for claim determined at time of filing application – correct characterisation of consent orders as not precluding claim for exemption from further owners corporation costs in the earlier proceedings – Strata Schemes Management Act 2015 (NSW) ss 84, 104, 145, 232

Legislation Cited:
Civil Procedure Act 2005 (NSW)
Strata Schemes Management Act 2015 (NSW)

Cases Cited:
ACN 004 410 833 Ltd (formerly Arrium Limited) (in liq) & Ors [2023] NSWSC 461
Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25
Leue v Reynolds (1986) 4 NSWLR 590
Owners SP 70871 v Turek [2020] NSWSC 1027
Owners SP 74698 v Jacinta Investments PL [2021] NSWCATAP 387
Project Blue Sky v ABA (1998) 194 CLR 355, [1998] HCA 28

Category: Procedural rulings
Parties: Stephen Bartlett (applicant)
The Owners – Strata Plan No 12375 (respondent)
Representation:
Counsel:
Mr T Valentinetti, solicitor (applicant)
Mr Chris Koikas (respondent)
Solicitors:
PDC Law (applicant)
Madison Marcus (respondent)

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWCATCD 92
Decision Date: 09 July 2025

CaseChat Overview and Summary

Bartlett brought an application against The Owners - Strata Plan No 12375 seeking a refund of levies paid for litigation costs and expenses incurred by the owners corporation in earlier proceedings. The applicant sold his lot after initiating the application. The application raised two separate questions: whether the Tribunal had jurisdiction to hear the application and what was the correct characterisation of the consent orders made in the earlier proceedings. The earlier proceedings resulted in consent orders which included a credit of $3,000 against the amount found owing to Bartlett.

The court needed to determine the jurisdiction of the Tribunal to hear the application and the proper interpretation of the consent orders. Specifically, the court had to decide whether the orders precluded the applicant from seeking a refund of further owners corporation costs in the earlier proceedings. The applicant argued that the orders did not preclude the claim, as they only recognised a credit for certain costs and did not address all costs incurred by the owners corporation.

The court held that the Tribunal had jurisdiction to hear the application because the applicant was a lot owner at the time of filing. The court also found that the consent orders recognised a credit of $3,000 against the amount owing to Bartlett but did not preclude the applicant from seeking a refund of further owners corporation costs in the earlier proceedings. The court ordered a directions hearing to address the remaining issues and reserved the costs of the application.

Orders

Orders of the court

(1) Determine the separate questions in order 5 made 21 February 2025 as follows:

Question 1: Does the Tribunal have jurisdiction to hear the application?

Answer: yes, by reason of the applicant’s continuing standing since he was a lot owner at time of filing the application.

Question 2: What is the correct characterisation of order 2 made on 29 March 2022 in renewal proceedings SC 22/05057?

Answer: Order 2 recognises a credit of $3,000 against the amount found by the Tribunal as owing to the applicant under the agreement noted pursuant to s 104 of the Strata Schemes Management Act 2015 (NSW) order 3 made on 29 March 2022 in renewal proceedings SC 22/05057.

(2) Adjourn the proceedings part-heard before me for a remote access directions hearing (estimate 45 minutes), unless the proceedings are earlier resolved, to a date after 25 July 2025, at which directions hearing the parties are to address the making of orders which deal with the following (to the extent not already resolved): any further production under the outstanding summons issued on 4 February 2025 to the OC and any argument concerning the summons (which should be ready to be argued and determined at the directions hearing); directions for further evidence and submissions to prepare the remaining issues for final hearing; the estimated length of any hearing; whether the remaining issues can be determined on the papers; any challenge to the order on costs in order 3.

(3) Reserve the costs of the preparation for and determination of the separate question.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Bartlett v The Owners – Strata Plan No 12375 [2025] NSWCATCD 92
Hearing dates:	On the papers 3 July 2025
Date of orders:	10 July 2025
Decision date:	09 July 2025
Jurisdiction:	Consumer and Commercial Division
Before:	G K Burton SC, Senior Member
Decision:	(1) Determine the separate questions in order 5 made 21 February 2025 as follows: Question 1: Does the Tribunal have jurisdiction to hear the application? Answer: yes, by reason of the applicant’s continuing standing since he was a lot owner at time of filing the application. Question 2: What is the correct characterisation of order 2 made on 29 March 2022 in renewal proceedings SC 22/05057? Answer: Order 2 recognises a credit of $3,000 against the amount found by the Tribunal as owing to the applicant under the agreement noted pursuant to s 104 of the Strata Schemes Management Act 2015 (NSW) order 3 made on 29 March 2022 in renewal proceedings SC 22/05057. (2) Adjourn the proceedings part-heard before me for a remote access directions hearing (estimate 45 minutes), unless the proceedings are earlier resolved, to a date after 25 July 2025, at which directions hearing the parties are to address the making of orders which deal with the following (to the extent not already resolved): any further production under the outstanding summons issued on 4 February 2025 to the OC and any argument concerning the summons (which should be ready to be argued and determined at the directions hearing); directions for further evidence and submissions to prepare the remaining issues for final hearing; the estimated length of any hearing; whether the remaining issues can be determined on the papers; any challenge to the order on costs in order 3. (3) Reserve the costs of the preparation for and determination of the separate question.
Catchwords:	REAL PROPERTY – STRATA MANAGEMENT – lot owner seeking refund of levies for owners corporation litigation costs and expenses in earlier proceedings the subject of consent orders – sold lot after commencing proceedings – separate questions – jurisdiction and standing for claim determined at time of filing application – correct characterisation of consent orders as not precluding claim for exemption from further owners corporation costs in the earlier proceedings – Strata Schemes Management Act 2015 (NSW) ss 84, 104, 145, 232
Legislation Cited:	Civil Procedure Act 2005 (NSW) Strata Schemes Management Act 2015 (NSW)
Cases Cited:	ACN 004 410 833 Ltd (formerly Arrium Limited) (in liq) & Ors [2023] NSWSC 461 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Leue v Reynolds (1986) 4 NSWLR 590 Owners SP 70871 v Turek [2020] NSWSC 1027 Owners SP 74698 v Jacinta Investments PL [2021] NSWCATAP 387 Project Blue Sky v ABA (1998) 194 CLR 355, [1998] HCA 28
Category:	Procedural rulings
Parties:	Stephen Bartlett (applicant) The Owners – Strata Plan No 12375 (respondent)
Representation:	Counsel: Mr T Valentinetti, solicitor (applicant) Mr Chris Koikas (respondent) Solicitors: PDC Law (applicant) Madison Marcus (respondent)