Selkirk v The Owners �e" Strata Plan No 2661 [2025] NSWCATCD 70 | Case summary

The applicant's submissions sought that the Miscellaneous Matters Application be dismissed with costs. The application is brought in proceedings to which rule 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) applies. Accordingly, special circumstances are not necessary before I may make an order for costs.
The application will be dismissed. Costs should follow the event. Accordingly, I will order the Owners to pay the applicant's costs of the Miscellaneous Matters Application.

My directions of 4 June 2025 indicated that, "subject to any submissions to the contrary made by the parties" the Tribunal would determine the application for an extension of time on the basis of the written submissions and without a hearing. Neither party indicated that they sought a hearing in respect of the application for an extension of time.
Having read the submissions, I am satisfied that the question for determination can be adequately determined on the basis of the written submissions and I will make an order pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of the Miscellaneous Matters Application.
Section 41 of the Civil and Administrative Tribunal Act 2013 (NSW) gives the Tribunal power to extend the time for "for the doing of anything under any legislation in respect of which the Tribunal has jurisdiction". That includes the extension of time for compliance with orders of the Tribunal: Mania v NSW Land and Housing Corporation [2022] NSWCATAP 376 at [36].
In The Owners - Strata Plan No 93804 v M Services & Maintenance Pty Ltd [2024] NSWCATCD 54 at [24]- [30] I considered the principles governing the exercise of the discretion to extend time for compliance with orders. It is not necessary to repeat what I said there.
In the circumstances of this case, the factors relevant to the exercise of the discretion include, paraphrasing Ipp JA in Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 at [43]:

Selkirk v The Owners �e" Strata Plan No 2661

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