Decisions table

• 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.

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

The respondent was ordered to pay the applicant's costs on the ordinary basis as agreed or assessed, with the Tribunal finding special circumstances warranted a costs order but declining indemnity costs because the Calderbank letter did not expressly foreshadow an application for indemnity costs.

• The Owners – Strata Plan No. 85292 owners corp
• JD Projects Pty Ltd contractor

The parties agreed on the substantive outcome with a consent work order made, but the Tribunal determined that each party must pay their own costs, finding no special circumstances warranted a costs order and that Rule 38 did not apply as the amount in dispute was less than $30,000.

• Wayne William Stocker lot owner
• The Owners - Strata Plan No. 6622 owners corp
• Peter Hartley lot owner

The application was dismissed because the applicant lacked standing to seek an order under s 132 of the Strata Schemes Management Act, the retrospective approval by ordinary resolution was valid as the work constituted a minor renovation, and there was insufficient grounds to remove the respondent from the strata committee.

• The Owners - Strata Plan No. 36965 owners corp
• Jennifer Alexander lot owner

The Appeal Panel dismissed the respondent's application for costs of the appeal, finding no special circumstances warranted an award of costs against the Owners Corporation despite the appeal being lodged out of time.

• Karen Rook lot owner
• The Owners - Strata Plan No. 32865 owners corp

The application was dismissed as the applicant failed to demonstrate that the respondent owners corporation breached its statutory obligation under section 106 of the Strata Schemes Management Act to repair and maintain common property, with the tribunal preferring the more recent expert opinion that the Helifix solution was adequate to restore functionality of the walls.

• The Owners – Strata Plan No 62713 owners corp
• Assaf Samuel Aaron Liberant lot owner

The appeal was dismissed and the Owners Corporation's appeal against the Tribunal's award of $55,510.12 in lost rental income damages to the lot owner for breach of duty to repair and maintain common property was unsuccessful.

STRATA TITLES- access to CCTV footage - application of s 180 and 182 of the Strata Schemes Management Act 2015 - jurisdiction of the Appeal Panel to give an advisory opinion or grant declaratory relief

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

COSTS – costs of unsuccessful appeal

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

• 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.

APPEAL – NCAT – leave to appeal – principles – appeal on question of law, with leave – leave refused – no issue of principle or of general importance – no error of law ADMINISTRATIVE LAW – jurisdiction of NCAT – strata titles – broad jurisdiction – importance of finality – alleged denial of procedural fairness – none disclosed STATUTORY INTERPRETATION – Strata Schemes Management Act 2015 (NSW) – common property – alteration of definition of boundary between lots – common property on upper surfac

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

• 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.

• Peter John Hannan lot owner
• Margaret May McQuade lot owner
• Lesley Van Dyck lot owner
• The Owners - Strata Plan No. 20680 owners corp
• Strata Central Pty Ltd manager

The Tribunal appointed Strata Central Pty Ltd as strata managing agent for 24 months to exercise all functions of the Owners Corporation, finding the Owners Corporation failed to perform its duties to repair and maintain common property.

• 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.

• The Owners – Strata Plan No. 96841 owners corp
• KF Developments Pty Ltd builder
• Raw Constructions Pty Ltd party

The matter was resolved by consent orders for a work order on 14 October 2021, and each party was ordered to pay their own costs as the respondent builder's conduct was found to be reasonable and there was no substantial victory or loss.

• The Owners Strata Plan No 74698 owners corp
• Jacinta Investments Pty Ltd party

The Appeal Panel affirmed the first instance costs order of 80% in favour of Jacinta and ordered the Owners Corporation to pay 90% of Jacinta's costs of the appeal, with Jacinta to be quarantined from levying to cover these costs.