Decisions table

• Walker Corporation Pty Limited lot owner
• The Owners - Strata Plan No 61618 owners corp
• Robert Edmund Quickenden lot owner
• The Owners - Strata Plan No 61770 owners corp
• The Owners - Strata Plan No 61619 owners corp
• McCormacks NSW Pty Limited manager
• Strata Choice Pty Limited manager

The court declared that article 8.11 of the Strata Management Statement and the corresponding by-laws requiring owners corporations to appoint the building management committee's appointed managing agent as their strata managing agent are invalid and unenforceable as inconsistent with the Strata Schemes Management Act 2015.

• The Owners – Strata Plan No. 61285 owners corp
• Cameron Taylor lot owner

The respondent was ordered to pay a pecuniary penalty of 35 penalty units ($3850.00) for contravening Tribunal orders made on 3 June 2021, with the penalty stayed pending determination of to whom it should be paid.

• Stephen Travis lot owner
• The Owners - Strata Plan No 48216 owners corp

The application for interim orders requiring the strata managing agent and its director to hold the positions of Chairmanship and Secretary at an extraordinary general meeting was dismissed for failing to properly seek relief under section 237 of the Strata Schemes Management Act and for lack of urgent considerations justifying interim relief.

• Sunaust Properties Pty Ltd party
• The Owners – Strata Plan No 64807 owners corp

The appeal was upheld and orders terminating the Caretaker's Agreement were set aside because clause 5(7) of schedule 4 of the NCAT Act precluded the Tribunal from having jurisdiction to determine issues that were the subject of pending Supreme Court proceedings.

• Penelope Louise Hill lot owner
• The Owners - Strata Plan No 16519 owners corp

The appeal against the Tribunal's decisions of 21 December 2021 and 14 March 2022 dismissing Ms Hill's application for full compliance with section 182 of the Strata Schemes Management Act was dismissed, and the respondent's application for costs of the appeal was also dismissed.

• The Owners – Strata Plan No. 18229 owners corp
• Jakabah Pty Ltd lot owner

The appeal by the Owners Corporation against the Tribunal's order granting Jakabah Pty Ltd consent to lodge a development application was dismissed, with the Tribunal's original decision upheld.

• Antoine Ghosn lot owner
• The Owners - Strata Plan No 87837 owners corp

The appeal was dismissed and the Tribunal's decision declining to appoint a compulsory strata manager was upheld, with the stay on orders lifted.

• Peter McGrath lot owner
• The Owners – Strata Plan No. 13631 owners corp

The application for compulsory appointment of a strata manager under s 237 of the Strata Schemes Management Act 2015 was dismissed, as the Tribunal was not satisfied that the circumstances justified exercising its discretion to appoint a strata managing agent despite establishing jurisdiction based on failure to comply with prior tribunal orders.

• Tracey Chen lot owner
• Le San Huynh lot owner
• The Owners - Strata Plan No. 7262 owners corp
• Geoffrey Kong lot owner
• Kong and Kong Property Renovation Services manager
• Foreshew Strata Agency Pty Limited manager

The Tribunal appointed Foreshew Strata Agency Pty Limited as compulsory strata managing agent for one year and ordered the Respondent to permit the Applicants to inspect original documents at Mr Kong's offices under specified conditions.

• Geoffrey Grasso lot owner
• Dan Muresan lot owner
• Silvino Wilfredo lot owner
• The Owners – Strata Plan No 52399 owners corp
• Anthony Power party
• Ravi Ranade party
• Romero Maris Claudia Trebilcock party
• Anne Power party
• Raj Calisa party

The respondent's application for costs following the withdrawal of the appellants' appeal was dismissed as the Appeal Panel found no special circumstances warranting an award of costs.

• Bengt Larsen lot owner
• Robert Ball lot owner
• The Owners - Strata Plan No. 3573 owners corp

The application for the appointment of a compulsory strata manager was dismissed as the Tribunal was not satisfied that the owners corporation was dysfunctional and that the management was not functioning satisfactorily.

• Sunaust Properties Pty Ltd party
• The Owners - Strata Plan No 64807 owners corp

The appeal panel stayed the termination of the caretaker agreement and the mandatory sale order pending appeal, but conditioned the stay on the appellant granting the respondent ongoing access rights to the reception lot for essential utilities and equipment.

• Chen Chew Chua lot owner
• The Owners – Strata Plan No 36156 owners corp

The appeal against the Tribunal's decision refusing to invalidate resolutions and the election of the strata committee at the March 2019 AGM was dismissed, with the appellate panel finding no error of law in the Tribunal's determination that the appellant was not adversely affected by any procedural non-compliance.

• Tony Martire lot owner
• The Owners – Strata Plan No. 42159 owners corp

The Tribunal ordered that each party pay their own costs of the proceedings, finding no special circumstances warranted a departure from the usual rule that each party bears its own costs.

• The Owners – Strata Plan No. 64807 owners corp
• Sunaust Properties Pty Ltd manager

The caretaker agreement between the applicant and respondent was terminated, the respondent was ordered to sell Lots 107 and 109, and to provide the password for the digital video recording system to the applicant's secretary.

• L. Dawes and 29 other lot owners lot owner
• The Owners-Strata Plan No 93087 owners corp
• Professional Strata Management Group manager
• Y. Lin, S. Chew, X. Bai, T. Chen, H. Han, K. Hu, B. Guo, Z. Zhao, R. Du lot owner

Bright & Duggan Pty Ltd was appointed as compulsory strata manager for 18 months due to the owners corporation's failure to adequately manage the scheme and perform its duties regarding structural defects and monitoring.

• Australia City Properties Management Pty Ltd manager
• The Owners – Strata Plan No 65111 owners corp

Appeal allowed; the Owners Corporation breached clause 10.2 of the Caretaker Agreement by failing to follow required procedures upon termination, and judgment was entered for the strata manager in the sum of $1,007,896.13 for damages for loss of bargain.

• Tracey Adendorff lot owner
• Michael Adendorff lot owner
• The Owners - Strata Plan No. 16629 owners corp

The costs applications brought by the Owners Corporation were dismissed as the Tribunal was not satisfied that special circumstances warranting an award of costs existed, despite the Lot Owners being unsuccessful in their substantive claims.

• Marlene Noella Read lot owner
• Mavis Patricia Read lot owner
• The Owners-Strata Plan No 2533 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellants' appeal against the Tribunal's decision not to invalidate resolutions passed at the AGM held on 11 May 2020, despite finding breaches of the Act regarding notice and chairing of the meeting.

• Peter McGrath lot owner
• The Owners – Strata Plan No 13631 owners corp

The appeal was dismissed and the application for costs by the respondent was refused, with each party ordered to pay their own costs of the appeal.

• Michelle Bradshaw lot owner
• Stephen Cooke lot owner
• The Owners – Strata Plan No 91905 owners corp

Leave to appeal was not granted and the appeal was dismissed; the Tribunal's appointment of Bright & Duggan Pty Ltd as compulsory strata manager was upheld because the appellant failed to provide required documentation under section 237(4) of the Strata Schemes Management Act.

• The Owners – Strata Plan No 4159 owners corp
• Dianne Wolff lot owner

The appeal against dismissal of the transfer application was dismissed; the Tribunal's refusal to transfer proceedings to the District Court on grounds of apprehended bias was upheld as correct.

• Ellen Marie Abraham lot owner
• The Owners Strata Plan No. 61419 owners corp

The Owners Corporation was ordered to make available to the applicant various records and documents including preventative maintenance records, repairs and maintenance records, hazardous goods register, evacuation plans, and access to Mybos computer records that had been wrongfully withheld.

• The Owners Strata Plan no 63731 owners corp
• The Bunker Pty Ltd lot owner

The application by the respondent to summarily dismiss the appeal was dismissed, with the Deputy President finding the appeal was not frivolous, vexatious, or lacking in substance.

• Anne Lewinsky lot owner
• Sidney Lewinsky lot owner
• Ronald Allen Zucker lot owner
• The Owners - Strata Plan No 85312 owners corp
• Burbank Montague Pty Ltd lot owner
• Gornoa Pty Ltd lot owner

Burbank Montague Pty Ltd and Gornoa Pty Ltd ordered to pay the costs of the applicants for the substantive and interim proceedings on the basis that they acted unreasonably in opposing the appointment of a compulsory strata managing agent and the carrying out of building works.

• The Bunker Pty Ltd lot owner
• The Owners – Strata Plan No. 63731 owners corp
• McCormack's NSW Pty Ltd trading as McCormack's Strata Management manager
• Wellman Strata Management Pty Ltd manager

The Tribunal appointed Wellman Strata Management Pty Ltd as strata managing agent for 2 years to exercise all functions of the strata committee relating to lots 148 and 167, finding the owners corporation's management was not functioning satisfactorily due to improper use of powers and failure to perform maintenance duties.

• Jan Newland lot owner
• LD Beston (Aust) Pty Ltd party
• Richard Dalimore lot owner
• The Owners – Strata Plan No. 576 owners corp
• Vital Strata Management Pty Ltd manager
• Dee Mahon lot owner
• Natalie Helm lot owner
• Deborah Bassett lot owner
• Yucon Zhang lot owner
• Xian Zhang lot owner
• Descol Pty Ltd party
• Benoit de Tarle lot owner

The Tribunal corrected an obvious error in its previous orders by directing that the compulsory strata manager appointment be amended to explicitly confer all functions of the Owners Corporation on the appointed strata managing agent.

• Australia City Properties Management Pty Ltd lot owner
• Bo Yun Wang lot owner
• The Owners - Strata Plan No. 65111 owners corp

The Court determined that the first plaintiff's loss of bargain damages claim failed but succeeded in obtaining possession of Lot 179 with monetary judgment of $32,896.13; the Owners Corporation's cross-claim was entirely dismissed; costs were ordered to be split between the parties based on separate issues with each party bearing their own costs on the costs application.