Decisions table

• 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.

APPEALS - Standing of lot owners to bring appeal on behalf of Owners Corporation where strata manager appointed by Tribunal with plenary powers LAND LAW – Strata Title – Strata managing agent – Compulsory appointment of strata managing agent – Strata managing agent appointed with plenary powers

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

• Stephen Gregg lot owner
• The Owners - Strata Plan No. 80881 owners corp

The owners corporation breached its strict statutory duty to maintain and repair common property by failing to complete remedial works to the courtyard since August 2019, and the applicant is entitled to damages for lost rental income.

• 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.

COSTS – Special circumstances

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

• Geoffrey Eric John Ashlin lot owner
• The Owners-Strata Plan No 50705 owners corp

The Appeal Panel dismissed the appeal and refused leave to appeal, upholding the Tribunal's finding that the Owners Corporation had not breached its statutory duty under section 106 of the Strata Schemes Management Act to maintain and repair the common property balcony of unit 1501.

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

The Court set aside the primary judge's costs orders and ordered the respondent to pay 80 per cent of the appellant's costs of the proceedings in the court below.

• The Owners – Strata Plan No. 76929 owners corp
• David Cole Baldwin lot owner

The appeal against the dismissal of the owners corporation's application for costs was dismissed, with the Appeal Panel finding no error of law in the first instance decision and confirming that there were no special circumstances warranting a costs order against the lot owner.

APPEAL; extension of time for late lodgement - appellants prospects of success - appeal against dismissal of costs application where appellant had mixed success.

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

LAND LAW – Strata Schemes Management Act – whether dog is an assistance animal – requirements for training – whether Federal matter arises- extension of time to lodge appeal - relevant principles.

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

• David Donne lot owner
• The Owners - Strata Plan No. 86457 owners corp

The applicant's surplus in the capital works fund was ordered to be transferred to cover the deficit in the administrative fund with no interest payable; the resolutions of the AGM were not invalidated; one co-owner of lot 2 was ordered to resign from the strata committee; and the respondent was not yet permitted to levy additional contributions for non-performance of maintenance work.

• The Owners – Strata Plan No. 98503 owners corp
• Angela Morrell lot owner

The respondent was ordered to remove unauthorised bi-fold windows installed on common property within six months and make good all damage caused, with provision for the owners corporation to enter and perform the work if the respondent fails to comply.

• Gayle Marie Linney lot owner
• The Owners - Strata Plan No. 11669 owners corp
• Susanne Parks party

The Tribunal ordered the owners corporation to repair a damaged bathroom bulkhead by 31 January 2022 and to record by-laws in the strata roll, but dismissed other aspects of the application relating to the AGM, removal of committee member, and other orders.

COSTS-indemnity costs-refusal of offer for work order to be made -subsequently work order agreed to APPEALS-- no error of law-no point of principle-no appealable error concerning Tribunal’s conclusion that appellant acted unreasonably prolonged resolution of the proceedings – point not raised

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

• The Owners - Strata Plan No. 31293 owners corp
• Mark Lewinsohn lot owner

The Lot owner was ordered to remove alterations to common property including a skate ramp, rear deck and garden beds, remove stored items and rubbish from common property, and pay a penalty of $550 for breaching by-laws; his cross-application was dismissed.

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

The appeal was allowed in part; orders requiring registration of a plan of subdivision and transfer of common property were set aside and replaced with orders to register a common property rights by-law granting exclusive use rights to the lot owner, and the levy order for damages was modified to exclude the successful applicant from being levied.

• Synergy Group Services Pty Ltd contractor
• The Owners - Strata Plan No. 90607 owners corp
• The Owners – Strata Plan No. 90582 owners corp

Judgment awarded to Synergy for $7,552.94 in accrued interest on unpaid invoices; defendants repudiated the agreement through continued non-payment and the repudiation was validly accepted; however, Synergy failed to establish entitlement to consequential damages for loss of profits as it did not quantify expectation damages and could not claim notional invoice values under the contractual termination clause cl 16.5.3 since termination was via common law repudiation acceptance, not contractual termination.

• Zhanxia Wu lot owner
• Robert Acevski party
• The Owners – Strata Plan No. 80611 owners corp

The application was dismissed on the grounds that the applicants lacked standing to bring proceedings under section 232 of the Strata Schemes Management Act 2015 for breach of the owners corporation's statutory duty to repair and maintain common property, as only the owners of the lot may bring such an action.

LAND LAW — Strata schemes — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established

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

APPEAL – failure by appellant to provide recording and transcript of proceedings from which appeal is brought STRATA TITLES LAW – exclusive use and enjoyment by appellant of area created by by-law – by-law provided for appellant to be responsible to keep area in good repair – held appellant responsible for cost of maintaining the area.

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

• The Owners - Strata Plan No 87060 owners corp
• Loulach Developments Pty Ltd developer
• Loulach Steel Pty Ltd builder
• Rustom Kudinar-Kwee party
• Jiri Kure party
• Dix Gardner Pty Ltd party
• Lyall Dix party

Leave to amend the Technology and Construction List Statement to add a claim under the Design and Building Practitioners Act 2020 was refused because the proposed pleading failed to identify the specific risks the builder was required to manage and the precautions it should have taken, and the Owners Corporation was given one further opportunity to reformulate the amended statement.

• The Owners – Strata Plan No. 21367 owners corp
• Nathan James Letchford lot owner

Both applications for civil penalties were dismissed as an abuse of process because they duplicated earlier penalty proceedings that had been finally determined on 22 February 2021.

• 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.

• Jetz Luxury Homes Pty Ltd lot owner
• The Owners - Strata Plan No. 89564 owners corp

The Tribunal dismissed the applicant's proceedings seeking to avoid payment of $2,551.67 in disputed levy charges, finding the applicant liable for arrears notice fees, solicitor instruction fees, and legal costs incurred by the respondent in recovering unpaid levy contributions.

• The Owners – Strata Plan No 79633 owners corp
• Ms V Graorovska lot owner

The owners corporation was ordered to complete specified repair works to the lot including full replacement of the en suite and main bathroom, replacement of timber decking, repair of front porch flooring, and investigation and waterproofing works to the lower bedroom, with access to be granted on 48 hours notice and works to be completed by 28 February 2021 in a proper and workmanlike manner.

ADMINISTRATIVE LAW – appeal pursuant to s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) –

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

• Natalia Trentelman lot owner
• The Owners – Strata Plan No 76700 owners corp
• Registrar General of New South Wales government

The Court of Appeal dismissed the appellant's appeal and upheld the primary judge's finding that the Owners Corporation established proprietary estoppel warranting an easement for use of the swimming pool on lot 53.

• J's Absolute Services Pty Ltd manager
• The Owners – Strata Plan No 67246 owners corp

Appeal allowed and the costs order made against the appellant at first instance was set aside; each party to bear their own costs.

COSTS — Security for costs — Whether security should be ordered against an Owners Corporation

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

• The Owners - Strata Plan No. 36613 owners corp
• Deborah Doherty lot owner
• Rajiv (Rahu) Parrab lot owner

The owners' appeal was allowed and the owners corporation's appeal was dismissed; the owners corporation was ordered to undertake balustrade repair works to comply with the National Construction Code within four months, and the timetable for fencing and landscaping works was varied.

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

The Owners Corporation was ordered to repair the cavity flashing defect and the inadequate drainage and fall of most of the roof terrace within six months, with the applicant responsible for repairs to the part of the roof terrace forming the roof of her balcony, and the awning repair responsibility upheld as the applicant's obligation.

• The Owners – Strata Plan No 76700 owners corp
• Natalia Trentelman lot owner

The appellant was ordered to pay the respondent's costs of the unsuccessful application to extend time to appeal, with such costs to be paid from contributions levied on lots other than the respondent's lot.

• 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.

• Robert Roden lot owner
• The Owners – Strata Plan No. 55773 owners corp

The application to invalidate parts of By-Law 14 (Keeping an Animal) was dismissed as the applicant failed to establish that the by-law provisions were beyond power or harsh, unconscionable or oppressive.

PRACTICE AND PROCEDURE – stay application – compulsory appointment of strata manager

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

• Con Hatzigeorgiou lot owner
• The Owners – Strata Plan 71571 owners corp

The Appeal Panel ordered that the Respondent pay the Appellant's costs of the appeal on the ordinary basis, finding special circumstances existed under section 60 of the NCAT Act due to the Respondent's failure to engage appropriately in the appeal process despite the natural justice error being apparent.

• 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.

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

The Tribunal granted the applicants a licence to store two 240-litre waste bins in the common property bin room for 10 years subject to a monthly licence fee of $50 and specified conditions.

• 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.

• The Owners – Strata Plan No 98970 owners corp
• Capitol Property Services Pty Ltd builder
• Lotus Fund No 9 Pty Ltd developer
• Kunyi Qiu party

The freezing order made on 1 June 2021 was extended until 1 December 2021 upon the plaintiff undertaking to give the usual undertaking as to damages and to commence proceedings under s 37A of the Conveyancing Act in relation to the transfer of Lot 2 from Lotus to Mr Qiu.

• The Owners - Strata Plan No 1813 owners corp
• Sarraf Property Group Pty Ltd lot owner
• Konn Palonis lot owner
• Francis John Keevers lot owner
• Peta Bourke lot owner
• Joanne Fardell lot owner

The Appeal Panel allowed the appeal, set aside the Tribunal's variation of the special levy orders, remitted claims concerning the $980,000 special levy and compulsory strata manager appointment for redetermination, and ordered the respondents to pay the SPG Appellants' costs of the appeal.

• The Owners – Strata Plan No 85561 owners corp
• Omaya Holdings Pty Ltd builder
• Al Maha Pty Ltd developer

The Owners Corporation was entitled to judgment against the builder and developer for $1,212,250 for building defects (flammable cladding and waterproofing) following the builder and developer's default under the settlement agreement in failing to procure HBCF insurance, complete rectification works, and pay instalments.

• The Owners - Strata Plan No 68255 owners corp
• Helena Marie Downs lot owner

The Tribunal ordered Ms Downs to carry out reinstatement works to remove alterations and additions to common property and reinstate it to its previous condition within 12 months, but dismissed the Owners' applications seeking orders to prohibit Ms Downs from exclusively occupying the mezzanine level balconies and Level 5 East Area.

• Caitlin McCue lot owner
• The Owners Strata Plan No 3844 owners corp
• Denise Fisher lot owner

The owners corporation was ordered to repair cracks to the common property bathroom wall of Lot 1 by 29 October 2021 and to pay the applicant $1,650 for repair works already performed due to the owners corporation's breach of its duty under section 106 of the Strata Schemes Management Act 2015.

• Natalia Trentelman lot owner
• The Owners – Strata Plan No 76700 owners corp

The appeal was dismissed; the Tribunal's decision to refuse to vary levies struck between 2015 and 2018 to reflect a subsequent reallocation of unit entitlements was upheld, as the Tribunal's exercise of discretion did not miscarry.

• 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.

• The Owners – Strata Plan No 89005 owners corp
• Thomas Stromer lot owner
• Simone Stromer lot owner
• Nathan Stromer lot owner
• Farad Electric Co Pty Ltd builder

The court refused the defendants' applications for leave to amend to introduce a limitation defence based on a new construction of the Home Building Act and for leave to file cross-claims against subcontractors, finding the cross-claims insufficiently pleaded and the limitation defence amendment procedurally inappropriate given prior withdrawal.

• The Owners – Strata Plan No 76700 owners corp
• Natalia Trentelman lot owner

Application to extend time to appeal the Tribunal's costs decision was dismissed due to extraordinary delay of over two years with no adequate explanation, despite the appeal having good prospects of success.

• John Thomas Strang lot owner
• Janette Strang lot owner
• The Owners - Strata Plan No. 92709 owners corp

The application was dismissed; the Tribunal found that exclusive use by-laws 130-139 validly shift responsibility for repair and maintenance of the air conditioning system to the lot owner, and the owners corporation has not failed in its obligations regarding common property.