Decisions table

• 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.

• 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 dismissed the Owners Corporation's application to re-open the concluded hearing to make further submissions on the operation of the Design and Building Practitioners Act 2020 regarding whether registered designs were required for rectification works.

• Richard Ferretti lot owner
• The Owners – Strata Plan No 8847 owners corp
• Barrofry Pty Ltd contractor

The plumber breached statutory warranties by installing a substandard shower that did not conform to the contract specification of a full standard 900mm x 900mm shower recess, and was ordered to rectify the work within 60 days and pay compensation for lost rent at $420 per week during rectification; the wall cracking claim was dismissed.

• Barbara Karpinski lot owner
• The Owners - Strata Plan No 1731 owners corp

The respondent's costs application was dismissed and each party was ordered to pay their own costs of the appeal.

• 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.

• Karimbla Properties (No.25) Pty Ltd lot owner
• The Owners-Strata Plan No. 71067 owners corp

The Tribunal dismissed the Owners Corporation's application for costs and rejected its application to rely on Reply submissions, finding no special circumstances warranted a costs order against Karimbla Properties.

• 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.

• RL Company Holdings PL t/as Swimart North Strathfield contractor
• The Owners – Strata Plan No 88564 owners corp

The appeal was allowed, the primary refund order was set aside, and the strata scheme was ordered to immediately repay $11,331.81 to the supplier; the matter was remitted for re-hearing before a differently-constituted tribunal due to procedural unfairness and inadequate reasoning on the central issues of breach and causation.

• The Owners – Strata Plan No. 85119 owners corp
• Pareshkumar Patel lot owner
• Hemalataben Patel lot owner

The respondents must remove the unauthorised carport constructed on common property within 28 days and repair all damage caused to the common property by its installation or removal.

• Hugh James McCullum lot owner
• Lissa Kristbjorg McCullum lot owner
• The Owners – Strata Plan No 15404 owners corp

A compulsory strata manager (Network Strata Services Pty Ltd t/as Netstrata) was appointed for 12 months to assess expert reports on ceiling and floor defects in common property, order further reports as necessary, and engage contractors to undertake inspection and remedial works; the owners corporation's cross-application seeking the lot owners' consent to a common property rights by-law was dismissed.

• Alexandr Troyanovsky lot owner
• The Owners – Strata Plan No 1260 owners corp

The appeal of procedural orders made by the Tribunal was dismissed; the application to extend time for filing the notice of appeal in relation to orders (1) to (5) was refused, and the appeal against order (6) was dismissed.

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

The proceedings were transferred to the NSW Civil and Administrative Tribunal due to overlapping jurisdictional issues between the Supreme Court claim for unpaid levies and cross-claim for water damage already before NCAT.

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

The defendant's motion to stay proceedings was dismissed; the court found the dispute regarding validity of convening general meetings was not about the Strata Management Statement and therefore did not fall within the expert determination procedures.

• Max Build Pty Ltd builder
• The Owners – Strata Plan No 54026 owners corp
• TOP Consulting Group (NSW) Pty Ltd consultant

The Owners Corporation's motion for further particulars and document discovery was largely dismissed; limited further particulars were ordered from Max Build on specific issues, and the Owners Corporation was ordered to pay TOP's costs of the motion forthwith.

• William McArthur lot owner
• The Owners – Strata Plan No. 30924 owners corp

The application was dismissed; the Tribunal found the owners corporation acted within its statutory duty under section 106 of the SSMA in carrying out emergency repairs to the common property shower recess, and there was no breach of section 122(6) as the repair work achieved minimal compliance and was functionally effective.

• William Fegent lot owner
• The Owners - Strata Plan No 6544 owners corp

The Tribunal dismissed the applicant's application to invalidate resolutions relating to window replacement, finding that Motion 7 was a valid sustainability infrastructure resolution passed by simple majority and that the required consideration of costs under section 132B(1)(a) was met before the vote.

• Dianne Pellow lot owner
• The Owners-Strata Plan No 4152 owners corp

The application for an order requiring the owners corporation to install a ramp or platform lift at the building entrances was dismissed as the front and rear entrances were operating according to their original design and had not fallen into disrepair, thus there was no breach of the owners corporation's duty to renew or replace fittings and fixtures under section 106(2) of the Strata Schemes Management Act.

• Angela Nicholson lot owner
• The Owners - Strata Plan No 104042 owners corp
• Veinita Wodrow lot owner

Special By-Law 1 regulating short-term rental accommodation was declared invalid in its entirety as harsh, unconscionable and oppressive due to administration fee and bond provisions, and application for compulsory strata managing agent was dismissed.

• Adam Bowe lot owner
• James Washington Bailey lot owner
• The Owners - Strata Plan No 61040 owners corp

The Tribunal ordered the respondent lot owner to cease smoking tobacco products on courtyards and balconies of his lot and to prevent tobacco smoke from penetrating into the applicant's lot, finding the smoke drift constituted a nuisance and hazard in breach of statutory obligations and by-laws.

• 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.

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

The Owners Corporation was ordered to pay Oberto Pty Ltd $24,354.90 in addition to $38,801.25 previously paid, comprising compensation for grinding costs, wardrobe and electrical damage remediation, and rental loss arising from the owners corporation's breach of its duty to maintain and repair common property damaged by water ingress and magnesite deterioration.

• 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 owners corporation succeeded against the builder and developer for breach of statutory warranties and obtained a work order to rectify defects by 20 March 2026; the builder's claim against the sub-contractor was dismissed; and the developer's claim against the builder for indemnity was dismissed.

• 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.

• The Owners Strata Plan No 73224 owners corp
• Ikon Realty Pty Ltd t/as Ikon Strata manager
• Verghese Lazarus lot owner

Application to terminate the strata management agreement was dismissed; no order as to costs was made, with each party to pay its own costs.

• The Owners – Strata Plan No 99170 owners corp
• MN Builders Pty Ltd builder
• Coronation (26 Shepherd St) Pty Ltd party
• Coronation (28 Shepherd St) Pty Ltd party

The court upheld the existing costs orders awarding the defendants the costs of their motion to vacate the trial and costs thrown away, rejecting the plaintiff's submission that such costs be costs in the cause, due to the plaintiff's default in serving evidence in accordance with directions.

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

The appeal panel dismissed the appellant's appeal and ordered the appellant to pay the respondent's costs of the appeal on the ordinary basis as agreed or assessed.

APPEAL – STRATA TITLE- costs

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

• Philip Kentwell and Dorothy Kentwell lot owner
• The Owners – Strata Plan No. 2056 owners corp

The applicants succeeded in having Special By-law 31 declared invalid as harsh, unconscionable or oppressive; no order made for costs as special circumstances not established, but applicants entitled to benefit of section 104 SSMA; respondent ordered to remove the by-law within 30 days.

• The Owners Strata Plan No 87881 owners corp
• The Owners Strata Plan No 88765 owners corp
• The Owners Strata Plan No 89262 owners corp
• Fortius Broadway No 1 Pty Ltd lot owner
• Frasers Broadway Pty Ltd developer
• Frasers Central Park Land No 1 Pty Ltd developer

The court dismissed the plaintiffs' proceedings as an abuse of process and ordered the plaintiffs to pay the defendants' full costs of the proceedings.

BUILDING AND CONSTRUCTION – residential building work in a strata scheme – home building claim on remitter from Appeal Panel – breaches of statutory warranties in Home Building Act 1989 - preliminary issues in redetermination proceeding – work order (s 48MA) or money order (s 48O(1)(a)) – whether bathroom falls are defective – proper interpretation of AS 3740-2010 – whether mandatory falls ratios or performance based criteria apply

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

BUILDING AND CONSTRUCTION – residential building work in a strata scheme – home building claim on remitter from Appeal Panel – breaches of statutory warranties in Home Building Act 1989 - preliminary issues in redetermination proceeding – work order (s 48MA) or money order (s 48O(1)(a)) – whether bathroom falls are defective – proper interpretation of AS 3740-2010 – whether mandatory falls ratios or performance based criteria apply

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

STRATA SCHEMES: Obligations to repair – compulsory appointment of strata managing agent

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

• 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.

JUDGMENTS AND ORDERS — Application to vary orders — Where head of claim dismissed by primary judge on particular basis — Where basis successfully disturbed on appeal — Where head of claim not reagitated on appeal — Where Court of Appeal referred “remaining amounts claimed” to referee — Whether head of claim included in reference — Whether orders should be varied to include head of claim in reference

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

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

The Appeal Panel refused the appellant's applications for non-publication of the decision and anonymisation of her identity, finding the presumption of open justice had not been displaced and no desirability for suppression orders under section 64 of the NCAT Act had been established.

• Ceerose Pty Ltd builder
• Prisand Investments Australia Pty Limited ACN 105 064 239 developer
• The Owners – Strata Plan No 89074 owners corp

The Court of Appeal dismissed the appellants' appeal and upheld the primary judge's decision adopting the referee's reports, which found the respondent owners corporation was not required to provide the builder with further opportunities to rectify defects and was entitled to judgment for approximately $1.95 million in rectification costs.

• Stephen Bartlett lot owner
• The Owners – Strata Plan No 12375 owners corp

The Tribunal determined the separate questions in favour of the applicant, finding the Tribunal had jurisdiction and that consent order 2 recognised a credit of $3,000 against refund of levies, and ordered the respondent to pay the applicant's costs on an ordinary basis up to 10am on 21 February 2025 and on an indemnity basis thereafter.

• 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.

STRATA SCHEMES: Removal of strata committee members – compulsory appointment – repair of common property -

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

• Australia City Properties Management Pty Limited manager
• The Owners - Strata Plan No. 65111 owners corp

The proceedings were dismissed and the Owners Corporation was ordered to pay ACPM's costs of $20,000 as the Binding Heads of Agreement was not implemented by the 30 June 2025 deadline, triggering the fallback provision requiring dismissal with costs in favour of ACPM.

• The Owners – Strata Plan No 100339 owners corp
• SHLACDZ Pty Ltd t/as S Building & Facility Management manager

The Tribunal dismissed the owners corporation's application to terminate the building manager or vary its contract, and refused the building manager's late costs application, making no order as to costs of the proceedings.

• 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.

APPEAL- allocation of insurance premiums between owners corporations each owning part of the same building- consideration of ss160,161 and 162 of the Strata Schemes Management Act 2015- whether policies compliant with statutory requirements and consequences of noncompliance- relationship between statutory requirements and terms of a strata scheme management statement.

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

• Cathie Galliott lot owner
• Susie Elelman lot owner
• Jai Galliott lot owner
• Michele Selwyn lot owner
• The Owners – Strata Plan No 43251 owners corp
• Joe Kalgovas party

The summons issued to Joe Kalgovas requiring his attendance at the final hearing was set aside because the applicants failed to identify any legitimate forensic purpose for calling him as a witness and did not comply with directions to specify what evidence he would give.

BUILDING AND CONSTRUCTION – Strata Scheme – Building Defects – expert evidence that the cost of rectifying the Defects exceeds $500,000 - application to transfer to the District Court granted – application for a work order refused

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

• The Owners Strata Plan No 87881 owners corp
• The Owners Strata Plan No 88765 owners corp
• The Owners Strata Plan No 89262 owners corp
• Fortius Broadway No 1 Pty Ltd lot owner
• Frasers Broadway Pty Ltd developer
• Frasers Central Park Land No 1 Pty Ltd developer

Proceedings dismissed under r 13.4(1)(c) as the relief sought can and should be pursued in four existing building-defects proceedings already on foot.

• The Owners Strata Plan no 74482 owners corp
• YNW lot owner

The Appeal Panel dismissed the owners corporation's appeal and ordered it to pay the respondent's costs of the appeal on the ordinary basis, finding special circumstances warranted a costs order due to the unmeritorious and unreasonably prolonged appeal.

• 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.

PARTIES – joinder of party – modification of development consent to extinguish easement – easement in gross benefitting local council – servient owner obstructing easement – public body litigating to remove obstruction – extinguishment of easement would affect public body’s contingent right in easement and interest in litigation – joinder of public body necessary and in interests of justice – public body seeks to raise issues concerning power to approve modification – issues otherwise not suffic

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

• Yan Ping Chen lot owner
• The Owners – Strata Plan No 55792 owners corp

The appeal was dismissed; the Tribunal's orders requiring the respondent to engage licensed persons to carry out specified renovation work and replacement of the shower door within two months were upheld, and the appellant was ordered to pay the respondent's costs.