NCAT confirms: appeals from adjudicator are to single Tribunal Member

There has been some confusion since the commencement of the Strata Schemes Management Act 2015: are appeals from an adjudicator’s order made under the old Act heard by a single Tribunal member (ie: an “external appeal”), or are they heard by the Tribunal’s Appeal Panel (ie: “an internal appeal”), on which sit three Tribunal members.

This month, the appeal panel handed down its decision in Wrigley v Owners Corporation SP 53413, in the process confirming that an appeal against any order made by an adjudicator under the Strata Schemes Management Act 1996 (NSW) is to be dealt with as an external appeal to the Tribunal and heard by a single Member, whether the adjudicator’s decision was made before or after 30 November 2016 (being the date of commencement of the Strata Schemes Management Act 2015).

This remains relevant for the few owners and buildings who may still be awaiting written decisions from strata schemes adjudicators.

The decision can be read here.

 

The information contained in this article is not legal advice. This article is intended to provide general information in summary form only. You should not rely on the content of this article as legal advice. If you would like advice specific to you and your situation, please contact us.

Posted in LCOR