Decisions table

• Andrew Timothy Thompson lot owner
• The Owners – Strata Plan No 31007 owners corp

Thompson's appeal (2025/00109080) allowed and remitted for reconsideration of first instance costs; Thompson's appeal (2025/00113534) dismissed with costs ordered against him.

• The Owners – Strata Plan no 85385 owners corp
• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner

The Appellant's appeal was dismissed on substantive grounds but partially succeeded on a costs procedural issue; the Respondents were ordered to be the successful parties overall, and the Appellant was ordered to pay 90% of the Respondents' appeal costs to reflect the mixed outcome.

NUISANCE – form of final orders – quia timet relief – mandatory injunction conditional on plaintiff first obtaining easement from third-party neighbour – no issue of principle COSTS – costs for the event – plaintiff obtained some relief sought in statement of claim but not all – plaintiff entitled to 80% of its costs – no issue of principle

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Appeal against order for costs - whether appellant demonstrates error on question of law- whether Appeal Panel should re-exercise discretion of Tribunal - whether partial costs should be awarded

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 83678 owners corp
• Michael Khatib lot owner

The appeal by the owners corporation against the Tribunal's decision to make a by-law permitting the installation of an awning on common property was dismissed, with the Tribunal having found the owners corporation unreasonably refused to make the common property rights by-law.

• The Owners – Strata Plan No 92226 owners corp
• 1A Eden Pty Ltd developer
• Garawin Pty Ltd party
• Joesandra Pty Ltd party

Judgment entered against 1A Eden for $2,500,000 in settlement of building defects claim, with costs ordered and freezing orders made against unit trust respondents pending new proceedings.

• Jie Shen lot owner
• The Owners – Strata Plan No. 9751 owners corp

The appeal was dismissed and the stay order was lifted, with the Appeal Panel finding no grounds of appeal established by the lot owner regarding unauthorised installation of a garage door, security door, and bathroom renovations.

• Ausbao (286 Sussex St) Pty Ltd lot owner
• The Owners – Strata Plan No. 100777 owners corp
• Bright & Duggan Pty Ltd manager

Declarations made that Bright & Duggan as strata manager has full authority to convene meetings of the Building Management Committee and that the general meetings on 11 September and 25 September 2025 were validly convened and resolutions passed were valid.

• The Owners – Strata Plan No 31337 owners corp
• Grace Balacco lot owner

The Court of Appeal allowed the appeal in part, reducing the judgment against the owners corporation from $385,484.78 to $250,499.06, and ordered the owners corporation to pay one third of Ms Balacco's costs of the appeal.

• The Owners – Strata Plan No 865 owners corp
• Helen Carroll lot owner

The owners corporation was ordered to pay the respondent lot owner's costs of the appeal on an ordinary basis up to 18 July 2025 and on an indemnity basis thereafter, following unreasonable rejection of a Calderbank offer.

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

The Appeal Panel dismissed the owners corporation's miscellaneous matters application seeking to appeal the Tribunal's costs order, finding it had no jurisdiction to determine an appeal from a first instance costs decision and directing the matter be returned to the Tribunal at first instance.

BUILDING AND CONSTRUCTION — Contract — Implied terms — Statutory warranties — Design & Building Practitioners Act 2020 (NSW)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners-Strata Plan No 102171 owners corp
• Ceerose Pty Ltd builder
• Zone Q Milsons Point Development Pty Ltd developer
• Southern Cross Climate Control Pty Ltd contractor

The Tribunal made costs orders determining that Ceerose Pty Ltd and Zone Q Milsons Point Development Pty Ltd jointly and severally pay The Owners-Strata Plan No 102171's costs from 15 March 2024; Ceerose Pty Ltd pay Southern Cross Climate Control Pty Ltd's costs; Zone Q Milsons Point Development Pty Ltd pay Ceerose Pty Ltd's costs; and The Owners-Strata Plan No 102171 pay all respondents' costs of the unsuccessful re-opening application.

• Michell Huo lot owner
• The Owners-Strata Plan No. 44652 owners corp

The costs application in the reinstatement proceedings was dismissed; the Appeal Panel found that although the reinstatement application was weak, special circumstances were not established sufficiently to warrant departure from the usual principle that each party bears its own costs.

• Sentient Corp Holding Pty Ltd lot owner
• The Owners - Strata Plan No 48216 owners corp
• Duy Tran lot owner
• Demetria Chelepy lot owner
• Mathew Crawshaw lot owner
• Stephen Travis party

The Appeal Panel removed Stephen Travis as an appellant, dismissed his applications for correction, and found the appeal was validly instituted by Sentient Corp Holding Pty Ltd as a party to the original proceedings, with the appeal to be listed for a call over.

• The Owners – Strata Plan No 100777 owners corp
• Ausbao (286 Sussex St) Pty Ltd lot owner
• Bright & Duggan Pty Ltd manager

Application for leave to appeal from the primary judge's refusal to stay proceedings in favour of expert determination was dismissed, with the Court holding that no reasonably clear injustice had been demonstrated and that the dispute was about the agency agreement with the strata manager rather than about the strata management statement itself.

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

The appeal by the lot owner regarding damages was dismissed, while the owners corporation's application to extend time to lodge its appeal was dismissed; each party ordered to pay the other's appeal costs.

• The Owners - Strata Plan No. 98970 owners corp
• Capitol Property Services Pty Ltd builder
• Lotus Fund No 9 Pty Ltd developer

Summary judgment ordered for the Owners Corporation against the developer Lotus Fund No 9 Pty Ltd for defective building work in a luxury apartment complex development.

• Jai Galliott lot owner
• Susie Elelman lot owner
• The Owners – Strata Plan No 43251 owners corp
• Cathie Galliott lot owner
• Michele Selwyn lot owner
• William Doyle lot owner
• Goldtex Pty Ltd party

The Appeal Panel dismissed the owners corporation's costs application and ordered each party to pay their own costs of the appeal following the appellants' withdrawal of their appeal from the decision dismissing their claim for appointment of a compulsory strata manager.

• Sally Armati lot owner
• David De Coster lot owner
• The Owners - Strata Plan No 15695 owners corp

The notice of motion for costs was dismissed; the court found it was not fair and reasonable to order the respondent to pay the applicants' costs despite the applicants' success in the underlying tree removal proceedings, as the presumptive rule in Class 2 proceedings is that each party bears their own costs and the respondent's conduct did not sufficiently warrant departure from this rule.

• The Owners – Strata Plan No 31337 owners corp
• Grace Balacco lot owner

Appeal allowed in part; judgment reduced from $385,484.78 to $250,499.06 following findings that future economic loss and future domestic assistance awards were unsupported by evidence, while maintaining the owners corporation's liability for the slip and fall on the unpainted speed hump.

• Michelle Hall lot owner
• The Owners - Strata Plan No 31934 owners corp

The costs application by the owners corporation was dismissed and each party was ordered to pay their own costs of the appeal, as no special circumstances warranting costs against the appellant were established despite her withdrawal of the appeal.

• 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. 1954 owners corp
• Ashdown Home Units Pty Ltd party

The court ordered the defendant to construct stormwater works and upgrade piping on the plaintiff's land at its own cost, with the defendant to pay a proportionate share of the plaintiff's costs in obtaining necessary easements for drainage.

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

The Appeal Panel dismissed the appellant's application for an order that costs of the appeal be paid by the respondent, finding that no evidence was presented that the amount claimed or in dispute in the appeal exceeded $30,000 and no special circumstances warranting a costs award were submitted.

APPEAL – STRATA TITLE- application to amend unit entitlements- valuation evidence necessary.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• Brett Lane lot owner
• Kattya Lane lot owner
• The Owners Strata Plan No 2404 owners corp

Leave to appeal was refused on ground 2, but the appeal was allowed on ground 1 regarding whether consent was required to amend an exclusive use by-law; the orders of the first instance tribunal were set aside and the proceedings remitted for re-hearing.

• Kerri Owers-Brown lot owner
• Lindsay Brown lot owner
• Robert Nakkan lot owner
• The Owners-Strata Plan No 92562 owners corp

Applications by lot owners to vary the costs order were dismissed; each party remains to bear its own costs.

LAND LAW — Strata title — General meeting of owners corporation — Invalidating resolution and treating as nullity under ss 24 and 25 of the Strata Schemes Management Act 2015 (SSMA) — Resolution of disputes — Various orders under s 232 SSMA to restrain entry into contracts and address corporate governance — Grounds not established

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COSTS — Party/Party — Applicant successful but failed on substantial issues — Awarded a proportion of costs COSTS — Party/Party — Relevance of misconduct by party to allocation of costs — Propounding of false document — Relevant to the extent that the misconduct increased the time taken at hearing or caused the other party to incur costs in responding

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW---Strata title---Civil penalty---s 147 Strata Schemes Management Act 2015---Service of notices to comply with by-laws---Whether contravention of notices to comply established---Applicable penalty

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW – strata title – car stacker system on lot property and common property – interpretation of by-laws – Strata Schemes Management Act 2015 - relief within s 24, s 87(1) and s 232(1) not available

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW — Strata title — By-laws LAND LAW — Strata title — Common property LAND LAW — Strata title — Owners corporation — Functions of owner’s corporation

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

NEGLIGENCE — Breach — Standard of care – unit in a strata scheme suffered damage from water ingress caused by the failure of waterproofing of the balcony of the unit above - owners corporations duty – calculation of loss STRATA SCHEMES MANAGEMENT ACT 2015 – claim of breach of statutory duty under s 106(6) – time limit for bringing of proceedings increased from two years to six years on 30 June 2025 – which time limit applies

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 865 owners corp
• Helen Carroll lot owner

The appeal by the owners corporation was dismissed; the primary tribunal's finding that the owners corporation was in breach of its duty to maintain common property (kitchen slab and wall footings) and that the lot owner was entitled to damages was upheld.

• Helen Tsoukaris lot owner
• The Owners – Strata Plan No. 30102 owners corp

The appellant's application for an extension of time to appeal was refused and the appeal was dismissed; the appellant was ordered to pay the respondent's costs on an indemnity basis.

CIVIL PROCEDURE — jurisdiction — transfers to and from other courts — District and Local Courts – transfer deferred to ensure compliance with case management orders COSTS — security for costs — relevant factors — Impecuniosity of plaintiff – where also impecunious shareholder proffers undertaking to satisfy adverse costs order – risk of stultification – where impecuniosity said to be partly attributable to issues in dispute

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 85385 owners corp
• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner

The appeal was dismissed; the timber decking on balconies and terraces was determined to be common property for which the owners corporation is responsible for maintenance and repair, and the costs order at first instance was set aside and remitted for reconsideration.

• The Owners - Strata Plan No 105126 owners corp
• Martin Mokhtari lot owner

The application by the owners corporation to recover costs for repair of a common property electrical cable and generator installation from the lot owner was dismissed because the owners corporation failed to establish that the respondent damaged the cable or obstructed the corporation's statutory power of entry under section 122(3) of the Strata Schemes Management Act.

• 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.

• Oberto Pty Ltd lot owner
• The Owners – Strata Plan No 2004 owners corp

The applicant lot owner was successful in proceedings concerning damage to common property and the owners corporation's duty to maintain and repair; the owners corporation was ordered to pay the applicant's costs on the ordinary basis.

LAND LAW — Strata title — Owners corporation — Accounts and records of owners corporation —Inspection—Whether, in the circumstances relating to the lot owner’s request to allow inspection of documents, and in the events that occurred, providing a link to the electronically stored books and records of the owners corporation satisfied the requirement under s 182 (3) of the Strata Schemes Management Act 2015 (NSW) that the owners corporation make available for inspection the documents requested. AP

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

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

The appeal of the lot owner's application to appoint a compulsory strata manager on a limited basis was dismissed, and each party was to bear its own costs.

LAND LAW – strata title – common property – common property rights by-law – whether unreasonable refusal to consent

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW – strata title – strata renewal plan for redevelopment – s 182 of the Strata Schemes Development Act 2015 (NSW) – objections by dissenting owners – whether relationship existed between owner of lots and developer – strata renewal plan given effect – costs as agreed

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• G Birns lot owner
• A Clemente lot owner
• E Franco lot owner
• J Zwart lot owner
• R Johnson lot owner
• G Poulos lot owner
• S Hales lot owner
• The Owners – Strata Plan No 95983 owners corp
• Steve Querin lot owner
• Anne Querin lot owner
• Strata Choice Pty Ltd manager

Strata Choice Pty Ltd was appointed as compulsory strata managing agent for 18 months due to the owners corporation's dysfunction arising from the developers' conflict of interest in voting on building defects proceedings in which they were respondents.

• The Owners – Strata Plan No 97938 owners corp
• Golden Rain Development Pty Ltd developer

A freezing order was granted restraining the developer from disposing of or dealing with 15 of 18 terraces in the Honeycomb Terraces without providing 20 business days' prior written notification to the plaintiff, pending final judgment.

• The Owners – Strata Plan no 67608 owners corp
• The Owners – Strata Plan no 67607 owners corp
• PINN 386 Pty Ltd party

The Appeal Panel upheld Strata Scheme 67607's appeal, adjusted insurance premium proportions for 2022-2023 to $54,445.74 and 2023-2024 to $61,734.38, and ordered Strata Schemes 67608 and PINN 386 Pty Ltd to pay costs.

• Cathie Galliott lot owner
• Susie Elelman lot owner
• Jai Galliott lot owner
• Michele Selwyn lot owner
• William Doyle lot owner
• The Owners – Strata Plan No. 43251 owners corp
• Goldtex Pty Ltd party

The application for compulsory appointment of a strata managing agent was dismissed as the Tribunal was not satisfied on the balance of probabilities that any statutory ground under section 237(3) of the Strata Schemes Management Act had been established.

• Jessie Pittard lot owner
• The Owners - Strata Plan No 48216 owners corp
• Duy Tran lot owner
• Sentient Corp Holding Pty Ltd lot owner
• Demetria Chelepy lot owner
• Mathew Crawshaw lot owner
• Jamesons Strata Management manager
• Premier Strata Management manager

The Tribunal extended the appointment of Jamesons Strata Management as compulsory strata manager to 15 August 2026, rejecting the alternative proposals to appoint Premier Strata or return to self-management.