Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:
1. This appeal is a continuation of an ongoing dispute between The Owners - Strata Plan No SP12299 (the Owners Corporation (OC)) and the owner of Lot 6 in SP12299, Stephen Mackay (Mr Mackay).
2. That dispute centres around a pool and a patio/sunroom area built on Mr Mackay's lot property prior to its purchase.
3. For the reasons which follow, we have decided that the matter should be remitted to the Consumer and Commercial Division (CCD) of the NSW Civil and Administrative Tribunal (NCAT) for redetermination on the basis that the Tribunal erred on a question of law by failing to accord procedural fairness to the parties in t...