Decisions table

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.

VACATE TRIAL – principles at [19]-[21] – matter fixed for trial – plaintiff serves substantial body of further liability and quantum evidence.

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.

• Mexia (Leah) Gao lot owner
• The Owners Strata Plan No 100946 owners corp
• Ruilang Jiang lot owner
• Huijun Yan lot owner

The Owners Corporation was ordered to restore the original '103' marking to the parking space of lot 7, but the applicant's claims for compensation and declarations regarding the easement were dismissed, as was the respondents' cross-claim, as the dispute relates to a registered easement outside the Tribunal's jurisdiction.

• Jessica Silberstein lot owner
• The Owners – Strata Plan No 55468 owners corp
• Michael Adamo party
• Michael Hans Engelbert party
• William Paul O'Brien party
• Terrance Matthew Gagen party
• Strata Choice Pty Ltd manager
• Hecker Australia Pty Ltd party

The Owners Strata Plan No 55468 must pay Jessica Silberstein's costs on the ordinary basis; Jessica Silberstein must pay the first respondent's costs regarding linear drains and tiled surfaces issues, and must pay costs to the strata manager and other respondents; Michael Adamo and Michael Hans Engelbert to bear their own costs; The Owners Strata Plan No 55468 may levy all lots except those of Jessica Silberstein to raise funds for damages and costs, with reimbursement to her for any contributions used for such purposes.

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

The appeal was allowed and the matter concerning costs for work order claims was remitted to Senior Member Alkadamani for re-determination, as the Tribunal erred by applying section 60 of the NCAT Act requiring special circumstances rather than the correct approach under rule 38.

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang lot owner

The plaintiff's application for default judgment was dismissed and the defendant was granted an extension of time to comply with court orders, with the defendant's solicitor ordered to pay the plaintiff's costs on an indemnity basis.

LAND LAW — strata title — common property — staged development — interpretation of strata plan of subdivision excepting “pipes, wires, ducts, and cables” from lot property — whether gutters and downpipes fall within exception as “pipes”. LAND LAW — strata title — owners corporation — powers, duties, rights and liabilities — duty to maintain and repair common property — breach of duty — failure to repair gutters and downpipes over extended period — whether specific work order necessary to ensure

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

• Hua Nan Trading Pty Ltd lot owner
• The Owners – Strata Plan No 32396 owners corp

The plaintiff's appeal to the Supreme Court of the NCAT Appeal Panel decision was dismissed and leave to appeal was refused, with the plaintiff ordered to pay the defendant's costs.

• The Owners – Strata Plan No 72250 owners corp
• Anthony David Nugent lot owner
• Frances Christine Nugent lot owner
• Deborah Lee Harry lot owner
• Yangura Pty Ltd as trustee for the David Nugent Family Trust party

The Appeal Panel dismissed the owners corporation's appeal and ordered the owners corporation to pay the respondents' costs of the appeal on the ordinary basis, with those costs not to be paid from contributions levied on specific lot owners or from the administrative or capital works funds, but may be recovered by striking a levy on other lots.

• The Owners - Strata Plan No 16460 owners corp
• Hunter Water Corporation government

Judgment for the plaintiffs in the agreed sum of $1,161,841.92 for physical damage caused by a burst water main owned and operated by the defendant, with the defendant liable for nuisance despite acting reasonably, and the stigma claim rejected.

CIVIL PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 20.29 – offer of compromise – whether Magistrate applied subjective test of contractual formation – no error APPEALS – Local Court Act 2007 (NSW), ss 39, 40, 41 – ground of appeal raised question of fact – no basis upon which to grant leave

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

• Paul Zheng lot owner
• The Owners – Strata Plan No 83678 owners corp
• Mr Khatib lot owner

The plaintiff was granted leave to conduct an appeal on behalf of the Owners Corporation notwithstanding a resolution passed by bare majority to withdraw the appeal, applying an exception to the rule in Foss v Harbottle as justice required.

CIVIL PROCEDURE — Court of Appeal — application for leave to appeal — whether primary judge constructively failed to exercise jurisdiction in determining whether the respondent had breached its obligations under s 106 of the Strata Schemes Management Act 2015 (NSW) — where none of the applicant’s contentions of error identified any arguable constructive failure to exercise jurisdiction by primary judge — where applicant therefore failed to identify issue of principle, question of public importan

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

APPEAL – STRATA TITLE- By-law imposing an absolute prohibition- whether harsh, unconscionable or oppressive

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

• Mohamed Mowjoon Atham Bawa lot owner
• The Owners-Strata Plan No 72125 owners corp

The appellant was ordered to pay 10% of the respondent's costs of the appeal up to and including the hearing on 28 November 2024, but the respondent's application for its costs of the primary proceedings was dismissed.

• The Owners – Strata Plan No 7114 owners corp
• Northern Beaches Council government

Appeal dismissed; the Owners Corporation was obliged to pay licence fees under the 1999 Deed while it remained operative, Council is entitled to damages for interference with property rights from the roller door after licence termination, and the Owners Corporation's claim for unpaid electricity charges was statute barred.

• Gokani-Robins Pty Ltd party
• ACG & KCG Investments Pty Ltd party
• The Owners – Strata Plan No 77109 owners corp

The Appeal Panel dismissed the appellants' application for costs and granted the respondent's application for costs, ordering the appellants to pay the respondent's costs of the appeal as agreed or as assessed.

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

The tribunal found timber decking on balconies was common property and ordered the owners corporation to engage licensed builders to perform partial replacement and repair works set out in Schedule A, but rejected the lot owners' broader request for complete removal and replacement of the entire decking system.

• 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 managing agent agreement was dismissed because Mr Lazarus lacked authority to bring the proceedings, the Owners Corporation had resolved to withdraw the application, and the operative agreement (2024 Agreement) was properly entered into and commenced in September 2024, rendering any order to terminate the earlier 2023 Agreement lacking utility.

• The Owners - Strata Plan No 16460 owners corp
• Hunter Water Corporation government

The plaintiffs were granted leave to amend their statement of claim to add a claim under s 22 of the Hunter Water Act 1991 (NSW), with the plaintiffs to pay the defendant's costs occasioned by the amendment.

BUILDING CLAIM – non-payment of invoice – breach of contract

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

• Llewela Tegan Griffiths lot owner
• The Owners – Strata Plan No SP11097 owners corp

The Tribunal ordered that the parties jointly demolish and replace sections A and B of the masonry dividing fence with costs shared equally, that the applicant may clean and repaint its external wall at its own cost, and that the parties construct a new timber fence with costs shared equally.

COSTS — Application for costs to be fixed in a gross sum — Appropriateness of gross sum costs order – Sufficiency of evidence required for gross sum costs orders – Where parties scheduled to participate in mediation – Where mediation terminated upon failure of plaintiff’s personal representative to attend – Where defendants’ evidence of wholly and partly wasted costs inconsistent and unexplained – Whether plaintiff should bear defendants’ costs of failed mediation – Whether costs ought to be awa

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

• Ayten Akdogan lot owner
• Khaled Mourad lot owner
• Jillian Dolby lot owner
• Bronwyn Whale lot owner
• Albert Ayoub lot owner
• Ameen Ayoub lot owner
• The Owners - Strata Plan No 55665 owners corp
• Maria Pitney party
• Nicole Hack party

The Tribunal dismissed the Owners Corporation's Miscellaneous Application to set aside or amend the Summons to produce documents relating to the OC's claim against Foreshew in the District Court proceedings.

• Philip Anthony Feitelson lot owner
• Anne Christine Davis lot owner
• The Owners - Strata Plan No. 63429 owners corp

The Tribunal ordered the Owners Corporation to carry out maintenance and repairs to common property to achieve compliance with section 106 of the SSMA, prescribed a new by-law, and declared multiple by-laws invalid.

• The Owners – Strata Plan No 63517 owners corp
• Titles Strata Management Pty Ltd manager

The Tribunal dismissed the application, finding that the strata management agreement was effectively extended by implication after its expiry date of 30 April 2024 through the conduct of both parties, and that the fees charged by the strata manager in May 2024 were reasonable and properly charged.

• Nicholas John Pike lot owner
• Gregory Wayne Segal lot owner
• Roslyn Hakim lot owner
• Nilay Gencturk lot owner
• Gerard Eugene Farrell lot owner
• The Owners - Strata Plan No 9370 owners corp

The Tribunal invalidated resolutions for fire order works (motions 2.1.1, 2.1.2, 9.2, 9.3) requiring special resolution, dismissed the challenge to the remedial works motion, and varied the special levy payment dates to 28 August, 28 September, and 28 October 2025.

• Grace Musumeci lot owner
• The Owners - Strata Plan No 11583 owners corp
• Mary Buckley lot owner
• Christopher Farncomb lot owner

The appeal against the dismissal of an application for compulsory appointment of a strata managing agent was dismissed; the Appeal Panel found no errors of law by the Senior Member and refused leave to appeal.

• Engy Saad lot owner
• The Owners – Strata Plan No 75928 owners corp
• John Patrick Baylouni manager
• Pu Koh party
• George Kokkinos party
• John Bay Holdings PL manager

The applicant's applications for removal of the strata manager and strata committee and appointment of a compulsory strata manager were dismissed on the grounds that the applicant failed to establish dereliction of duty or dysfunction justifying such extraordinary relief.

COSTS — Party/Party — where the applicant applied to the Tribunal for the exercise of jurisdiction under both a referral from an Adjudicator pursuant to s 71B of the Community Land Management Act 1989 (NSW) and in the original jurisdiction conferred on the Tribunal by the Civil and Administrative Tribunal Act 2013 (NSW) – where the Tribunal made a decision and gave orders in both jurisdictions – where the Tribunal at first instance made a single costs order without distinguishing the jurisdictio

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

• The Owners - Strata Plan No. 3407 owners corp
• David Edgar lot owner
• Suet Ying Edgar lot owner

The respondents were ordered to immediately remove a pram and e-bike parked on common property as they constituted a nuisance and hazard in contravention of section 153 of the Strata Schemes Management Act 2015.

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

The application to terminate or vary the building management agreement was dismissed as the owners corporation failed to establish the required grounds under section 72 of the Strata Schemes Management Act 2015 for removal or variation of the building manager.

• The Owners – Strata Plan No 72250 owners corp
• Anthony David Nugent lot owner
• Frances Christine Nugent lot owner
• Deborah Lee Harry party
• Yangura Pty Ltd as trustee for the David Nugent Family Trust lot owner

The appeal was dismissed and leave to appeal refused; the Tribunal at first instance correctly determined that the Nugent parties' strata levy balances must account for credits of $71,185.24 as at 28 May 2021 in accordance with earlier Tribunal orders.

• Teresa Harvey lot owner
• DocBay Pty Ltd lot owner
• The Owners – Strata Plan No. 60850 owners corp

The applicants' claim that the suspended balconies are common property was upheld; DocBay's application was dismissed; the owners corporation was ordered to replace the collapsed balcony to lot 15 within 60 days with identical materials and dimensions, and to pay Teresa Harvey $1,703.18 for expenses incurred in proceedings.

• Sydney Gold Bullion Exchange Pty Ltd lot owner
• The Owners – Strata Plan No 34794 owners corp

The application for reallocation of unit entitlements and compensation was dismissed as the applicant failed to establish any breach of duty by the owners corporation or any causation linking alleged breaches to loss.

• The Owners – Strata Plan No. 58036 owners corp
• The Estate of William Hutchinson party

The court waived the requirement to give notice to the owner of the land on which the tree is situated and ordered that the application proceed ex parte, with the matter to be listed for directions and final hearing allocation.

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

Leave to appeal was refused and the appeal was dismissed; the Tribunal's refusal to adjourn the hearing at first instance was upheld as the Appellant had reasonable opportunity to prepare its case and seek extensions or adjournment earlier.

• Philip Kentwell and Dorathy Kentwell lot owner
• The Owners - Strata Plan No. 2056 owners corp

Special By Law 31 concerning communication protocols was declared invalid pursuant to section 150(1) of the Strata Schemes Management Act 2015 because it is harsh, unconscionable and oppressive in its operation.

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

The Miscellaneous Matters Application seeking an extension of time to comply with work orders for bathroom wall repairs and kitchen wall investigations was dismissed, with the respondent ordered to pay the applicant's costs.