Huang v The Owners Strata Plan 7632 t/as the Owners Strata Plan 7632

Huang appealed to the Supreme Court of New South Wales, seeking leave to appeal against a decision of the New South Wales Civil and Administrative Tribunal (NCAT) concerning a dispute about the definition of common property in a strata plan. The NCAT had found that alterations to the definition of the boundary between lots in the strata plan, including changes to the common property, were not valid, and that the owners corporation had breached its obligations under the Strata Schemes Management Act 2015 (NSW). The NCAT also ruled that the owners corporation had not denied procedural fairness to the appellant. The key legal issues were whether the NCAT had jurisdiction over the matter and whether the NCAT had erred in its interpretation of the statutory provisions.

The Supreme Court found that the NCAT had jurisdiction over the matter, given its broad jurisdiction in relation to strata titles and the importance of finality in such disputes. The Court also found that there was no error of law in the NCAT's interpretation of the statutory provisions, including the definition of common property. The Court noted that the NCAT had correctly interpreted the relevant provisions of the Act, and that the owners corporation had not denied procedural fairness to the appellant. The Court found that the appeal did not raise any issue of principle or of general importance, and that leave to appeal should be refused.

The Supreme Court dismissed the appeal and refused leave to appeal. The Court found that the NCAT had correctly interpreted the statutory provisions and that the owners corporation had not denied procedural fairness to the appellant. The Court also found that the appeal did not raise any issue of principle or of general importance, and that leave to appeal should be refused. The decision of the NCAT was upheld, and the appeal was dismissed.