Decisions table

• Diana Macleod lot owner
• The Owners – Strata Plan No 6544 owners corp

The applicant was ordered to pay 60% of the respondent's costs of the proceeding on the ordinary basis, as agreed or assessed, due to special circumstances including the applicant's failure to clearly identify the grounds for the application and failure to serve evidence in accordance with directions.

• The Owners Strata Plan No 79633 owners corp
• Violeta Graorovska lot owner

The Appeal Panel ordered the Owners Corporation to pay the costs of Violeta Graorovska in the appeal proceedings on the ordinary basis, finding special circumstances existed because the appeal grounds were manifestly weak and lacked substance.

• Mark Dent lot owner
• Heather Heckenberg lot owner
• The Owners – Strata Plan No. 69595 owners corp

The Tribunal dismissed the applicants' claims for reimbursement of $10,186 for regrouting tiles and for a work order to prevent water ponding, and ordered each party to bear their own costs.

• The Owners – Strata Plan No 89044 owners corp
• Dreizi Constructions Pty Ltd builder

Consent orders were entered requiring the builder to undertake rectification works, with each party to bear its own costs on the basis that both parties acted reasonably and the matter was settled through compromise rather than capitulation.

• 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.

LAND LAW - Strata title - Whether proposed by-law unreasonably refused

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

• The Owners - Strata Plan No 31284 owners corp
• Alfesani Mustafa lot owner
• Richard Young party
• Jorge Gallo party

The Tribunal dismissed the applicant's costs application, finding no special circumstances warranting a departure from the general rule that each party bears its own costs.

• 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.

• 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.

• 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.

• The Owners – Strata Plan No 20427 owners corp
• A Halliwell Nominees Pty Ltd lot owner
• Peter Irvine lot owner

The appeal was allowed in part; order requiring lodging of a building alteration plan was set aside, but the primary Tribunal's decision not to order removal of unauthorised works and restoration of common property was upheld.

• The Owners – Strata Plan No. 1813 owners corp
• Francis Johnie Keevers lot owner

The Owners Corporation recovered three separate instalments of unpaid special levies totalling $44,944.58 from the lot owner, together with interest and costs.

• The Owners – Strata Plan No. 90347 owners corp
• President Properties Pty Ltd developer
• Stadurn Pty Ltd developer
• Trinity Constructions (Aust) Pty Ltd builder

The application was dismissed as the Tribunal did not have jurisdiction under the Home Building Act 1989 because the claim against the developers was lodged more than six years after completion of the building work, and the request to join Stadurn Pty Ltd and amend the application to add claims under the Design and Building Practitioners Act 2020 were refused.

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

Proceedings transferred to NCAT with no order as to costs; the Court declined to order the plaintiff to pay the first defendant's costs as the plaintiff had not acted unreasonably in commencing proceedings in the Supreme Court.

REAL PROPERTY - strata titles - section 130, Strata Schemes Management Act 2015 (NSW) – personal property REAL PROPERTY - strata titles – special by-laws – proper construction

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

• GS & CS Holdings Pty Ltd lot owner
• The Owners – Strata Plan No. 63227 owners corp

The appeal against the Tribunal's dismissal of an application to prescribe an amended by-law was dismissed because consent from all lot owners benefiting under the original by-law was a precondition to any lawful change, and such consent had not been obtained.

APPEAL - Notice of Appeal lodged more than 21 months late - No evidence provided to first instance hearing - Application breached mediation agreement

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

• Lynne Maree Worrall lot owner
• The Owners - Strata Plan No 43357 owners corp

The Appeal Panel dismissed the Respondent's application for costs of the appeal and ordered each party to pay its own costs.

• The Owners - Strata Plan No. 58615 owners corp
• Herlina Almin lot owner

The applicant failed to establish that the respondent was feeding wild birds on her lot or common property, and proceedings were dismissed.

• 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.

• The Owners – Strata Plan No 63607 owners corp
• Michael Kinsella lot owner

The Appeal Panel dismissed the owners corporation's appeal and upheld the primary member's order requiring the owners corporation to pay the lot owner $1,085 for 2019 repair costs to double-glazed windows that were common property.

• EKG Pastries Pty Ltd lot owner
• The Owners – Strata Plan No. 87145 owners corp

By-law 29 was declared invalid on the grounds that it breached section 83(2) of the Strata Schemes Management Act 2015 by imposing differential water usage charges not proportionate to the lot owner's unit entitlement.

• 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.

LAND LAW – Strata schemes – Proposed common property rights by-law – Whether unreasonably refused

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

APPEALS – errors other than errors of law – no question of principle

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

LAND LAW - strata title - application under s 236 of the Strata Schemes Management Act 2015 (NSW) for an order allocating unit entitlements among the strata scheme lots - consideration of factors other than market values of the lots. APPEALS - exercise of discretionary power-errors of law-taking account of irrelevant considerations

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

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Limited builder
• Madarina Pty Limited developer

The Court decided that a person having substantive control over construction work includes the owner of the land, and that substantive control means having the ability to control how work is carried out rather than actually exercising such control; motions regarding amendment and dismissal were deferred pending further procedural steps.

• Anthony Reginald James Brenchley lot owner
• Mark Lambell lot owner
• Jenny Lambell lot owner
• Adam Severin lot owner
• Ann Marie Connery lot owner
• The Owners – Strata Plan No 80609 owners corp
• Keith Barry Clissold lot owner

The Court made no order as to costs between the plaintiffs and second defendant, with each party to bear their own costs, and no order as to costs for the first defendant; the strata scheme was terminated and the owners corporation wound up due to the building being uninhabitable.

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

The Tribunal found that the respondent contravened the June 2021 order by failing to complete required work items 1-7 and 9, with the matter relisted to determine whether a civil penalty should be imposed and the amount.

• Roger Harris lot owner
• The Owners-Strata Plan No 34056 owners corp

The Owners-Strata Plan No 34056's application for costs against the lot owner was dismissed as no special circumstances warranting an award of costs were established.

• The Owners-Strata Plan No 79633 owners corp
• Violeta Graorovska lot owner

The appeal was dismissed and the Tribunal's decision upholding the lot owner's cross-application for the owners corporation to perform proper repairs to common property defects was affirmed.

• 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.

• Coscuez International Pty Ltd lot owner
• The Owners-Strata Plan No 46433 owners corp

Appeal allowed, decision under appeal set aside in part, and matter remitted to tribunal to determine whether proposed common property rights by-laws were unreasonably refused and whether special by-laws 8, 9 and 10 are harsh, unconscionable or oppressive.

• Ian Keyworth lot owner
• Choong Lin lot owner
• The Owners – Strata Plan No. 45081 & 43487 owners corp

The application was dismissed as the applicants failed to demonstrate that the building work (removal of masonry spandrels and installation of fire curtains) was unauthorised or constituted a breach of the owners corporation's duty to repair and maintain common property under section 106 of the Strata Schemes Management Act 2015.

• Jose Achiam and Si Leng Leng lot owner
• The Owners – Strata Plan No. 58026 owners corp

The Tribunal ordered that no interest is chargeable on strata contributions levied from 1 May 2019 to 31 December 2020 and ordered the respondent to repay $892.34 in interest already charged, finding the owners corporation should reasonably have determined not to charge interest due to the strata manager's failure to correct an incorrect email address despite multiple notifications.

• 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.

• The Owners - Strata Plan No 33368 owners corp
• Anthony Gittins lot owner

The appeal by the owners corporation was dismissed; the Tribunal's order requiring the owners corporation to conduct extensive repairs to bathroom, toilet and laundry areas was upheld, with the compliance date extended by 3 months.

COSTS - Whether special circumstances warranting costs order - Conduct of both parties considered - Costs not proportionate

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

• The Owners – Strata Plan No. 97383 owners corp
• CLSM Pty Ltd manager

The Owners' costs application in SC 21/24112 was dismissed with each party bearing their own costs, but CLSM Pty Ltd was ordered to pay The Owners' costs of SC 21/48501.

• Alicia Fong lot owner
• The Owners – Strata Plan No. 82783 owners corp

The Tribunal found the Owners Corporation unreasonably refused to make a common property rights by-law and ordered that special by-law 29 be prescribed as a change to the by-laws of the strata scheme, permitting the applicant to extend a pergola and awning structure in her courtyard.

• Icon Co (NSW) Pty Ltd developer
• The Owners – Strata Plan No. 97315 owners corp

The application for leave to appeal from the primary judge's ruling excluding expert evidence about alternative causation of increased insurance premiums was dismissed because there was no sufficiently arguable case of error, as the alternative explanation should have been pleaded to afford procedural fairness.

• Samir Shousha lot owner
• The Owners Strata Plan No 2657 owners corp

The appeal was dismissed and the Appellant was ordered to pay the Respondent's costs of the appeal in an amount to be agreed or assessed.

APPEALS – from findings of fact – primary judge assessed credibility and reliability of two witnesses – findings not expressed to be based on demeanour – applicable test for appellate intervention – whether primary judge gave sufficient weight to combined effect of relevant circumstances EVIDENCE – tendency evidence – whether evidence relating to a separate building project was significantly probative of the issue concerning the alleged builder’s role in the building project the subject of the p

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

• Roger Harris lot owner
• The Owners-Strata Plan No 34056 owners corp

The appeal was dismissed and leave to appeal was refused; the Tribunal's decision dismissing the application to invalidate Motion 16 regarding parking on common property was upheld on the basis that the appellant failed to establish any non-compliance with the Strata Schemes Management Act or Regulations in relation to the meetings.

• Andrew Bruce lot owner
• Alice Barclay lot owner
• The Owners – Strata Plan No. 98803 owners corp

The Tribunal declared that the applicants may keep their French Bulldog Peach on their lot, finding that the Owners Corporation unreasonably withheld approval by incorrectly interpreting the by-law as permitting only one animal per lot and failing to consider whether the animal would unreasonably interfere with other occupants' use and enjoyment of their properties.

• Lynne Maree Worral lot owner
• The Owners - Strata Plan No. 43357 owners corp

The appeal was dismissed and the first instance tribunal's orders requiring cost-sharing of roof terrace rectification work in proportion to respective areas of responsibility were upheld.

• 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.

• The Owners - Strata Plan No 70871 owners corp
• Michael Turek lot owner
• Louise Turek lot owner

The Appeal Panel dismissed the costs application and ordered each party to bear its own costs of the appeal proceedings, finding no special circumstances warranted departure from the default rule under section 60 of the NCAT Act.