Decisions table

• Hua Nan Trading Pty Ltd t/as Huanan Trading lot owner
• The Owners Strata Plan No. 32369 owners corp

Leave to appeal from the Supreme Court decision was dismissed; the April 2022 strata application was filed out of time and no question of law was raised suitable for appeal.

• The Owners – Strata Plan No 94624 owners corp
• G & T Younan Constructions Pty Ltd builder
• Gold Star Holding Pty Ltd developer

The court found both defendants liable for breach of statutory warranties under the Home Building Act 1989 (NSW) in relation to multiple water ingress defects and structural defects in the residential building, and ordered them to pay the owners corporation damages of $1,718,393.54 plus interest of $945,205.43 and costs.

• Venu Gopal Reddy Togaru lot owner
• The Owners- Strata Plan No.90193 owners corp

Leave to appeal was refused and the appeal dismissed; the Tribunal's dismissal of the lot owner's claim for financial compensation for loss of sale was upheld as the evidence was reasonably available at the time of the initial hearing and the lot owner failed to prove the loss.

• Griffinchuk No 1 Pty Ltd ATF Griffinchuk Family Trust lot owner
• The Owners – Strata Plan No 92745 owners corp

The Appeal Panel dismissed the appellant's appeal and ordered the appellant to pay the respondent's costs as agreed or as assessed, finding the respondent was entirely successful in defending against the appeal concerning water ingress claims.

• Vicki Harbison lot owner
• The Owners Strata Plan No 18715 owners corp
• Patsi Sladen lot owner

The Tribunal found the Owners Corporation breached its duty to maintain common property by failing to prevent water ingress into Lot 7, ordered repairs within 90 days, appointed a compulsory strata managing agent for two years, and awarded the applicant $8,079.03 in damages and reimbursement.

• Jo-Anne Quirk lot owner
• The Owners - Strata Plan No 94627 owners corp

The owners corporation was ordered to pay the lot owner $100,996.02 for damage caused by water ingress through common property defects, plus ongoing rental compensation at $650 per week until commencement of remedial works and $1,150 per week during the works period.

• The Owners - Strata Plan No 16460 owners corp
• Hunter Water Corporation government

The plaintiffs succeeded in their damages claim for physical damage to townhouses caused by flooding; the defendant was ordered to pay the plaintiffs' costs of the proceedings except for costs equivalent to half a hearing day relating to the unsuccessful section 22 claim.

• Griffinchuk No 1 Pty Ltd ATF Griffinchuk Family Trust lot owner
• The Owners – Strata Plan No 92745 owners corp

The appeal was dismissed as the Tribunal correctly found it had no jurisdiction to hear the appellant's water ingress claim because the appellant was not an 'interested person' under section 232 of the Strata Schemes Management Act 2015 (NSW) after selling the lot on 21 December 2023.

• Peter Robins Herbert lot owner
• The Owners - Strata Plan No 37812 owners corp

The owners corporation is ordered to engage a suitably qualified and licensed contractor to carry out waterproofing works to the main bathroom and ensuite of the applicant's lot in accordance with the scope of works Item 3.1 in the structural report dated 20 June 2024.

• Lana Sage lot owner
• The Owners – Strata Plan No 81440 owners corp

Leave to appeal was refused and the appeal was dismissed; the respondent's application for costs was also refused.

• Deepti Baluri lot owner
• The Owners – Strata Plan No 11258 owners corp

The appeal of the lot owner was dismissed; the primary decision dismissing claims for water damage from sewerage entry and front courtyard pipe overflow was upheld, with only the planter box issue having succeeded at primary level.

• Robert Angelo Paul Russo lot owner
• The Owners - Strata Plan No 53188 owners corp

The appeal was allowed and the matter concerning costs for work order claims was remitted to Senior Member Alkadamani for re-determination, as the Tribunal erred by applying section 60 of the NCAT Act requiring special circumstances rather than the correct approach under rule 38.

• Hua Nan Trading Pty Ltd lot owner
• The Owners – Strata Plan No 32396 owners corp

The plaintiff's appeal to the Supreme Court of the NCAT Appeal Panel decision was dismissed and leave to appeal was refused, with the plaintiff ordered to pay the defendant's costs.

• The Owners - Strata Plan No 16460 owners corp
• Hunter Water Corporation government

Judgment for the plaintiffs in the agreed sum of $1,161,841.92 for physical damage caused by a burst water main owned and operated by the defendant, with the defendant liable for nuisance despite acting reasonably, and the stigma claim rejected.

• Water World Pure Drinking Water Pty Ltd lot owner
• The Owners – Strata Plan No. 69536 owners corp

The owners corporation was found to have breached its statutory duty to maintain and repair common property, and ordered to pay the lot owner $81,669.52 in damages for foreseeable losses caused by water penetration events in February 2023 and February 2024.

• Mohammad Reza Adhami lot owner
• The Owners – Strata Plan no 85271 owners corp

The appeal was upheld and the matter was remitted to the Consumer and Commercial Division for hearing on its merits, as the tribunal erred in applying the two-year time limit to claims for work orders rather than just compensation claims.

• Simone Selkirk lot owner
• The Owners – Strata Plan No 2661 owners corp

The Owners were ordered to pay compensation of $98,374.29 for breach of their duty to maintain and repair common property, and to engage contractors to repair the bathroom brickwork and investigate kitchen wall defects.

• Jade Y Hsueh lot owner
• The Owners – Strata Plan No 61321 owners corp

The owners corporation was ordered to rectify water ingress and related defects at Lot 5 within three months and to pay the applicant $11,504 for mould treatment costs and floor damage, but the application was otherwise dismissed including claims for lost rental income, screen door replacement, and declaration regarding levy arrears.

• Helen Mary Dart lot owner
• The Owners - Strata Plan 71849 owners corp

The appeal was allowed on questions of law; the Tribunal's findings on the number of common property items requiring repair were based on no evidence, the Tribunal failed to consider whether the limitation period applied to a work order application, and the Tribunal applied a wrong legal principle regarding limitation periods for work orders, resulting in remittal to the Tribunal for redetermination.

• Michael David Horan lot owner
• The Owners – Strata Plan No. 68307 owners corp

The appeal was allowed in part; the owners corporation's breach of its duty under section 106 of the Strata Schemes Management Act was established, and damages for loss of rental opportunity were increased from $7,510 to $45,060 for the period July to December 2020, plus electricity charges of $429.26, totalling $46,616.26.

• Samar Sultan lot owner
• The Owners – Strata Plan No. 54721 owners corp

The appeal regarding the monetary order for levies ($15,105.62) was dismissed and affirmed, but the appeal regarding the water ingress application was upheld and remitted for rehearing due to denial of procedural fairness when the respondent's expert witness was not available for cross-examination.

• Anne Casey lot owner
• Renfay Projects Pty Ltd builder
• The Owners – Strata Plan No 586 owners corp

All three appeals by Anne Casey against the Primary Decision, Work Order Decision, and Costs Decision were dismissed, with the Appeal Panel finding no procedural unfairness and no errors of law in the tribunal's original determinations.

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

Both the applicant's and first respondent's applications for costs were dismissed as special circumstances warranting a costs order were not established.

• Peter McDaid lot owner
• The Owners – Strata Plan No. 60346 owners corp

The application was dismissed; the Tribunal found that while common property waterproofing was in disrepair, the lot owner failed to substantiate his damages claim for lost rent and failed to provide a sufficiently detailed scope of works to support a work order, and there were no grounds to appoint a compulsory strata manager or remove the strata committee member from office.

• Hadi Noor lot owner
• The Owners-Strata Plan No 72939 owners corp

The appeal was allowed; the Tribunal's costs decision was set aside and remitted for redetermination once the primary proceedings have been redetermined.

• Haidi Noor lot owner
• The Owners - Strata Plan No 72939 owners corp

The appeal was allowed; the order dismissing the claim for damages for loss of rent was upheld as time-barred, but the issues of whether the lot owner is entitled to a work order and damages other than for loss of rent were remitted to the Tribunal for reconsideration.

• Hany Salib lot owner
• The Owners – Strata Plan No 20851 owners corp

The Tribunal found the owners corporation breached its duty to maintain common property but dismissed the applicant's claim for $53,770.00 in damages as the applicant failed to satisfy the Tribunal that he suffered any damage arising from the breach, and declined to make a work order due to insufficient evidence of a detailed scope of works.

• The Owners – Strata Plan No 95230 owners corp
• Stacey Maister lot owner
• Terry Maister lot owner
• Debby-Lee Maister lot owner

The Appeal Panel stayed Order 7 (ongoing damages for alternative accommodation) pending appeal determination but dismissed the application to stay the work orders for mould remediation and retiling.

• Jessica Hetty Silberstein lot owner
• The Owners – Strata Plan No 55468 owners corp
• Michael Adamo party
• Peter Michael Hans Engelbert party
• William Paul O'Brien party
• Terrence Matthew Gagen party
• Strata choice Pty Ltd manager
• Hecker Australia Pty Ltd contractor

Paragraph 3 of the summons relating to documents concerning the respondents' knowledge of the applicant's husband's disability and health issues was set aside as lacking reasonable particularity and constituting a fishing expedition; Categories 1 and 2 relating to water ingress documents were not pressed by the applicant but the tribunal indicated the terms were too broad and problematic.

• Nicholas Miroforidis and Alexandra Miroforidis lot owner
• The Owners - Strata Plan No 75809 owners corp

The Tribunal ordered the owners corporation to pay the lot owner $24,860 in damages for breach of its duty to keep and maintain common property in a state of good repair, comprising $5,940 for repairs and $18,920 for loss of rental income.

• Michael Young lot owner
• The Owners – Strata Plan No 57860 owners corp

The applicant was awarded costs of $5188.54 against the owners corporation due to special circumstances, specifically the owners corporation's unreasonable prolongation of proceedings by failing to comply with a tribunal order to repair water ingress and instead delegating its statutory repair obligation to an insurer.

• The Owners - Strata Plan No 19410 owners corp
• Robert King and Victoria King as trustees for the Cascade Trust lot owner

The appeal against the Tribunal's order that the owners corporation pay $70,551.99 damages for loss of rent caused by water ingress and mould in the second bedroom was dismissed.

• The Owners – Strata Plan No 2341 owners corp
• P & M Sachs Pty Ltd lot owner

The appeal by the owners corporation against the first instance decision was dismissed; the tribunal's order for the owners corporation to repair common property to prevent asbestos ingress to lot 8 and pay $80,360 in damages was upheld.

• Yu Wang lot owner
• The Owners – Strata Plan No. 88789 owners corp

The Owners Corporation was ordered to pay $3,604.00 for water damage and loss of rent caused by defective waterproofing in February 2022, but claims for earlier periods were dismissed as out of time or made during a lawful deferral period.

• Gordon Wells lot owner
• The Owners - Strata Plan No 12159 owners corp

The owners corporation was ordered to perform drainage and waterproofing works to the underground garage within 10 weeks to remedy water ingress and comply with its duty to maintain common property in good and serviceable repair.

• Alexander Boutenko lot owner
• The Owners - Strata Plan No 77480 owners corp
• O Neill Strata Management Pty Ltd manager

The applicant's claim for damages for loss of rental income was dismissed as being outside the limitation period under s 106(6) of the Strata Schemes Management Act 2015 (NSW), but a compulsory strata manager was appointed for two years to address the longstanding water ingress issues in the building.

• Timothy John Chalmers lot owner
• Shellie Ann Tancred lot owner
• The Owners – Strata Plan No. 19378 owners corp

The respondent's application for costs following settlement of proceedings concerning water ingress repairs was dismissed, with the Tribunal finding it inappropriate to conduct a detailed factual enquiry into the parties' conduct where proceedings had settled without determination on the merits.

• Joanne Constantinou lot owner
• Stanley Stephen Dipsellas lot owner
• The Owners – Strata Plan No 20736 owners corp

The Lessor's application for costs in both proceedings was dismissed and no order as to costs was made, with each party to bear their own costs.

• Jessica Silberstein lot owner
• The Owners - Strata Plan No. 55468 owners corp
• Michael Adamo party
• Peter Michael Hans Engelbert party
• William Paul O'Brien party
• Terence Matthew Gagen party

The application to strike out paragraphs and restrain use of documents was dismissed, but the applicant was ordered to file amended pleadings within 14 days and documents subject to legal professional privilege were found inadmissible at the hearing.

• Neville Marinko lot owner
• The Owners – Strata Plan No 7596 owners corp

The appeal was allowed and the Tribunal's dismissal of the application for appointment of a compulsory strata manager was set aside with the proceedings remitted for redetermination.

• The Owners – Strata Plan No 77559 owners corp
• Mounir Touma lot owner

The Appeal Panel allowed both appeals in part, set aside the first instance orders, and remitted the matter to determine whether the lot owner is entitled to damages under s 106(5) of the SSMA and what orders should be made regarding damage to common property and consequential damage to lot property.

• Feride Tezel lot owner
• The Owners - Strata Plan No 74232 owners corp

The Appeal Panel allowed the appeal, finding that the lot owner's claim for damages for loss of rental income caused by water leakage was not time-barred under section 106(6) of the Strata Schemes Management Act, and ordered the owners corporation to pay $447,200 in damages plus costs.

• Robert King and Victoria King as trustees for the Cascade Trust lot owner
• The Owners - Strata Plan No. 19410 owners corp

The owners corporation was found to have breached its statutory duty to maintain and repair common property relating to an external wall defect that caused mould in lot 43, and was ordered to carry out specified remedial works and pay $70,551.99 in damages for loss of rent.

• Feride Tezel lot owner
• The Owners – Strata Plan No. 74232 owners corp

The applicant's claim for damages for loss of rent was dismissed due to the respondent's interpretation of the statutory limitation period in s 106(6) of the Strata Schemes Management Act 2015, but consent orders were made requiring the respondent to complete repairs to common property and the applicant's lot by 28 February 2022, and the applicant is not to be excluded from levies for investigation and repairs.

• Yu Huang lot owner
• Cui'e Zhao lot owner
• The Owners of Strata Plan No 7632 owners corp

The Court of Appeal refused the applicants' leave to appeal, holding that the Supreme Court lacked jurisdiction to review the costs certificates and that the applicants' application to appeal the Local Court dismissal was out of time with no adequate explanation for the delay.

• Peta Athens lot owner
• The Owners – Strata Plan No. 47035 owners corp

The Tribunal ordered by consent that the owners corporation undertake specified remedial works including installation of a canopy and screen and repairs to address water penetration to Lot 42 within 6 months, but dismissed the application to appoint a compulsory strata managing agent.

• Veronica Mastellone lot owner
• The Owners-Strata Plan No 87110 owners corp

The appeal was allowed and the owners corporation was ordered to repaint the ceilings in the bedroom, kitchen and living areas of the lot owner's property within 30 days, as the owners corporation breached its duty to maintain the roof under s 106(1) of the Strata Schemes Management Act, causing water damage to the internal ceilings.

• The Owners – Strata Plan No 31244 owners corp
• Beau Lyon lot owner
• Yu Ren lot owner

The application to extend time to appeal was dismissed because the appellant failed to provide adequate explanation for the three and a half month delay in filing the appeal, had negligible prospects of success, and the new evidence sought to be relied upon was not shown to be unavailable at the time of the original hearing.

• Jane Huang lot owner
• Andy Giang lot owner
• The Owners Strata Plan No. 65865 owners corp

The Owners Corporation was ordered to pay the applicants $7,730.00 compensation for loss of rent due to failures to repair common property affected by water leaks.

• Thomas Rosenthal lot owner
• Joanne Rosenthal lot owner
• The Owners - Strata Plan No. 20211 owners corp

The Tribunal ordered the Owners Corporation to rectify and complete specified waterproofing and related defects affecting the applicants' penthouse lot, with work to commence by 16 March 2021 and be completed within 6 weeks, carried out by appropriately licensed and qualified persons.