Selkirk v The Owners - Strata Plan No 2661 (No 2)

The case of Selkirk v The Owners - Strata Plan No 2661 (No 2) before the Civil and Administrative Tribunal (CAT) involved an application by the respondent, the owners of Strata Plan No 2661, for an extension of time to comply with certain orders previously made by the CAT. The applicant, Selkirk, opposed the application, arguing that the respondent had not demonstrated sufficient grounds for an extension. The central issue before the CAT was whether the respondent had provided valid reasons justifying an extension of time to comply with the CAT's prior orders.

The CAT considered the applicable principles under section 41 of the Civil and Administrative Tribunal Act 2013 (NSW), which allows for an extension of time if there are sufficient grounds. The tribunal noted that the onus was on the respondent to demonstrate these grounds. It assessed the respondent's reasons, including any delays, the impact of those delays, and whether there was any negligence or fault on the part of the respondent. The tribunal concluded that the respondent had not provided adequate justification for the extension of time. It found that the respondent had not demonstrated a reasonable excuse for the delay and that the application was therefore not warranted.

Consequently, the CAT dismissed the respondent's application for an extension of time. The tribunal also ordered that the respondent pay the applicant's costs associated with the application, either as agreed upon by the parties or as assessed by the tribunal. The CAT dispensed with a hearing on the application, deeming it unnecessary due to the clear nature of the issues and the respondent's inability to satisfy the requirements for an extension.