CAT Issues First Order Under Rule 4.5 – Applicant Must Obtain Permission Before Continuing Any Proceedings

The Condominium Authority Tribunal (CAT) has granted an order under Rule 4.5 of its Rules of Practice for the first time since its inception. Rule 4.5 allows the CAT to dismiss a proceeding as an abuse of its process if it finds that a party has filed a vexatious application or has participated in a CAT case in a vexatious manner. In Yeung v. MTCC 1136, the Tribunal dismissed two Applications and required the Applicant to obtain permission from the CAT to file any future cases or continue to participate in an active case. The CAT recognized that the order would limit the Applicant's right to access the Tribunal but emphasized the need to prevent Applicants from misusing the Tribunal's process at the expense of other owners.