Decisions table

• The Owners – Strata Plan No. 12185 owners corp
• Lisa Brown lot owner

The appeal by the Owners Corporation against the Tribunal's decision to approve a common property rights by-law for air conditioning installation was dismissed and leave to appeal was refused.

COSTS – certificate under Suitors’ Fund Act 1951 (NSW) sought – unsuccessful respondent’s submissions had led lower court into error – unsuccessful respondent sought to defend erroneous decision on appeal – inappropriate to grant certificate

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

ADMINISTRATIVE LAW – review for denial of procedural fairness – review on the grounds of irrelevant and relevant considerations – remedies – discretionary factors – delay – plaintiff is the Owners Corporation of a multi-residential apartment building erected in suburban Sydney – the second defendant is the New South Wales Civil and Administrative Tribunal (“NCAT”) – the first defendant is a Council constituted under the Local Government Act 1993 (“the Council”), and the developer of the complex

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

• The Owners - Strata Plan No 95242 owners corp
• Karimbla Properties (No 42) Pty Limited developer
• Karimbla Constructions Services (NSW) Pty Ltd contractor
• Guardian Protection Services (Aust) Pty Ltd contractor
• Plumb Group Pty Limited contractor
• Saba Bros. Tiling Pty Ltd contractor

The court fixed costs thrown away at $25,000 for the first and second defendants and $3,000 each for the third, fourth and fifth defendants, or alternatively referred the question to a costs assessor on a costs-follow-the-event basis.

COSTS – party/party – general rule that costs follow event – multiple discrete issues – whether decision on costs should be deferred pending reference of remaining issues COSTS – party/party – bases of quantification – indemnity basis – where offer of compromise made

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

APPEAL — question of law — Civil and Administrative Tribunal — proceedings for breach of statutory warranties implied by Home Building Act 1989 (NSW) in residential building work — six year warranty period — Owners Corporation commenced proceedings four months after expiry of six year period — whether proceeding commenced in time — Senior Member found Owners Corporation commenced within further six month period authorised by s 18E(1)(e) because breaches only became apparent in last six months of

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

LAND LAW — strata title — strata plan — proposed variations to strata renewal plan for redevelopment — whether proposed variation is of a minor nature that does not affect the plan in any substantial way — s 182 of the Strata Schemes Development Act 2015 (NSW) — whether proposed variation to the proposed sale price of a lot is “just and equitable in all the circumstances” — cl 36 of the Strata Schemes Development Regulation 2016 (NSW)

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

• Ayten Akdogan, Khaled Mourad, Jillian Dolby, Bronwyn Whale, Albert Ayoub and Ameen Ayoub lot owner
• The Owners - Strata Plan No 55665 owners corp

The respondent's costs application was dismissed and each party was ordered to pay their own costs of the appeal, which had been withdrawn by the applicants due to lack of standing.

LAND LAW – Strata title – Construction of poorly drafted by-law – Heading of by-law at least part of context in which terms to be construed whether or not part of by-law and whether or not by-law regarded legislative in character – By-law in question does not encompass approval of relevant works – By-law could not authorise strata committee to approve works that are not minor renovations LAND LAW – Strata title – No reason why special resolution referred to in s 108(2) authorising change to comm

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

• The Owners - Strata Plan No 87639 owners corp
• Karimbla Properties (No4) Pty Ltd developer
• Karimbla Construction Services Pty Ltd builder
• Karimbla Construction Services Pty Ltd (NSW) builder

The defendants' motion for security for costs was dismissed, with the court finding no reason to believe the owners corporation would be unable to pay an adverse costs order and declining to order security as a matter of discretion.

COSTS-respondent’s application for 50% of its costs of appeal-appeal from decision by the Tribunal in proceedings referred to Tribunal by an adjudicator in which the Tribunal has no power to award costs- appeal also concerned with some matters falling within the original jurisdiction of the Tribunal-appeal unsuccessful on all matters except in relation to a costs order made by the Tribunal -special circumstances for making a costs order required to be established as provided for in s 60 of the C

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

• The Owners - Strata Plan No 87639 owners corp
• Karimbla Properties (No4) Pty Ltd developer
• Karimbla Construction Services Pty Ltd builder
• Karimbla Construction Services (NSW) Pty Ltd builder

The court granted the Owners Corporation leave to amend its Technology and Construction List Statement to reflect significantly expanded evidence of systemic building defects, with amendments taking effect only from the date of the application to amend on 11 November 2024.

APPEALS — Leave to appeal — Whether leave required LAND LAW — Easements — Substantial interference with easements — dominant owner proposes extended width of driveway on their own land — proposal that drivers from servient tenement will cross onto dominant owner’s land — alleged that the development application contains certain deficiencies— servient owner’s consent required for making of development application pursuant to s 23(1) of the Environmental Planning and Assessment Regulation 2021 (NS

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

• The Owners – Strata Plan No. 76907 owners corp
• Sydney Metro government

Leave was granted to the Applicant to adduce expert evidence on conditions that the Respondent's costs thrown away be paid on an indemnity basis, with no further extensions of time permitted except in exceptional circumstances.

• The Owners – Strata Plan No. 102081 owners corp
• Aqualand Construction Pty Ltd builder
• Aqualand North Sydney Lavender Development Pty Ltd developer

The Owners Corporation's application for a freezing order against the Developer was granted to prevent disposal of assets up to $10.6 million, as the court found there was a danger that a judgment would be unsatisfied given the Developer's pattern of distributing proceeds from unit sales and likelihood of selling the four remaining residential units.

• The Owners – Strata Plan No. 100526 owners corp
• Rolla Hamdan lot owner
• Charlie Hamdan lot owner

The application for costs of the appeal was dismissed as the appellant failed to demonstrate special circumstances warranting an award of costs under section 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

• Alim Lim and Jonathan Lim lot owner
• The Owners – Strata Plan No 51159 owners corp

The appeal was dismissed; the Tribunal's constructive failure to exercise jurisdiction was confirmed but the appeal was not remitted as the screen door was correctly removed to comply with fire safety regulations and any reinstatement would require the lot owner to seek approval through the proper statutory process.

• KYS Investments Pty Ltd lot owner
• The Owners - Strata Plan No. 73081 owners corp

KYS Investments' application claiming damages for failure to maintain the grease arrestor was dismissed, but the Owners Corporation's application succeeded with KYS ordered to carry out remedial works to repair damage to the common property slab caused by unauthorised core holes and severed reinforcement steel.

• Jin Beom Choi lot owner
• The Owners – Strata Plan No 53482 owners corp

The Appeal Panel dismissed the owners corporation's application for costs of the appeal, finding that special circumstances had not been established to depart from the usual principle that each party bears its own costs.

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — S 48O discretion — Defects — Costs

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

• Xiao Chun Lu lot owner
• The Owners - Strata Plan No 66347 owners corp
• Zhi Peng Zhang lot owner

The costs application by the Owners Corporation against Ms Lu was dismissed, and each party was ordered to pay their own costs of the appeal following Ms Lu's withdrawal of her appeal.

• The Owners – Strata Plan No. 11097 owners corp
• Llewela Tegan Griffiths lot owner

Leave to appeal from the interlocutory decision granting the respondent leave to amend her application to seek demolition of the masonry wall was refused and the appeal was dismissed.

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

The Owners were ordered to pay compensation of $98,374.29 for breach of their duty to maintain and repair common property, and to engage contractors to repair the bathroom brickwork and investigate kitchen wall defects.

• Jian Guang Xie lot owner
• The Owners – Strata Plan No. 90092 owners corp
• Direct Management Group Pty Ltd manager

The Tribunal appointed Direct Management Group Pty Ltd as compulsory strata managing agent for 12 months and granted it all functions of the chairperson, secretary, treasurer and strata committee, finding the owners corporation was not functioning satisfactorily due to contraventions of the Strata Schemes Management Act, financial deficits, failure to provide proper notice of meetings, and significant disharmony among lot owners.

• Jian Guang Xie lot owner
• The Owners – Strata Plan No. 90092 owners corp
• Direct Management Group Pty Ltd manager

Direct Management Group Pty Ltd was appointed as compulsory strata managing agent for 12 months to exercise all functions of the owners corporation including those of chairperson, secretary, treasurer and strata committee due to the owners corporation failing to function satisfactorily.

• Bernadette York lot owner
• Kevin Edwards lot owner
• The Owners – Strata Plan No 675 owners corp

The Court dismissed the plaintiffs' summons seeking leave to appeal from the NCAT Appeal Panel decision that affirmed the reallocation of unit entitlements in the strata scheme, finding no questions of law warranting the grant of leave to appeal.

• The Owners - Strata Plan No 95242 owners corp
• Karimbla Properties (No 42) Pty Limited developer
• Karimbla Constructions Services (NSW) Pty Ltd builder
• Guardian Protection Services (Aust) Pty Ltd contractor
• Plumb Group Pty Limited contractor
• Saba Bros. Tiling Pty Ltd contractor

The plaintiff was granted leave to serve supplemental expert evidence by 6 June 2025 regarding defects in uninspected units, but must pay defendants' costs thrown away by the orders and the expert evidence is confined to defects of the same effect as those already identified in inspected units.

• Yu Liu lot owner
• Li Wang lot owner
• The Owners – Strata Plan No 53093 owners corp

The summons seeking leave to appeal from the District Court was dismissed as incompetent because there is no right of appeal to the Supreme Court from a District Court decision that was itself an appeal from the Local Court.

COMMERCIAL LEASE – lease of common property of commercial leasehold strata scheme – construction of definition of “Market Value of the Stratum” – no issue of principle

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

BUILDING AND CONSTRUCTION – contract – defects – where first defendant builder and second defendant developer entered building contract – where plaintiff owners corporation alleges general and fire safety defects – where principal claim arises from contention that the “effective height” of building exceeds 25 metres – whether inadequate fire safety measures for building – construction of the Building Code of Australia – meaning of “effective height” – meaning of “storey” – whether garbage collec

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

• The Owners - Strata Plan No 16624 owners corp
• The Owners - Strata Plan No 90950 owners corp
• IPM Developments Pty Ltd (in liquidation) developer
• Aleksander Novakovic party
• IDA Potts Point Pty Ltd (in liquidation) party
• Steven Sroba party
• John Cardamis party

The court ordered the plaintiffs to provide security for the second, fourth, and fifth defendants' costs in the sum of $300,000 each, payable in three tranches of $100,000, and to pay the defendants' costs of their motions.

PRACTICE AND PROCEDURE – UCPR 1.21 – Reconsideration of the Court’s conclusion that an order for determination of a separate question be revoked - Application for removal of proceedings on the separate question to the Court of Appeal – Where Court is of the view that the separate question is inappropriate – Application refused

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

BUILDING AND CONSTRUCTION – Design Act ss 36 and 37 - Certifiers Act ss 13 and 14 – Proceedings by Owners Corporation against the third defendant accredited certifier for breach of the duty of care imposed by s 37 of the Design Act on the footing that the third defendant carried out construction work in or related to a residential strata apartment complex – Third defendant denies that it carried out construction work and denies that the Design Act can apply by virtue of the existence of a Practi

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

APPEAL – Error as to date not impacting decision – no basis for grating leave to appeal LAND LAW – Strata title – two-year limitation period – date from which that period commences – extension of time not permitted

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

COURTS AND JUDGES – Supreme Court – Jurisdiction – Whether Supreme Court lacked jurisdiction to make declaration that condition of by-law unjust – Where statute conferred function of finding condition unjust on NSW Civil and Administrative Tribunal LAND LAW – Strata title – By-laws – Whether condition of by-law that exclusive use rights cease unless obligations complied with unjust – Whether condition harsh, oppressive or unconscionable – Whether respondents liable in damages under by-law for fa

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

LAND LAW – Easements – Extinguishment of easements – Extinguishment by order of court – Where all persons entitled to the easement consent to extinguishment

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

• The Owners – Strata Plan No 89074 owners corp
• Ceerose Pty Ltd builder
• Prisand Investments Australia Pty Ltd developer

The Court adopted the referee's reports on liability and quantum with minor corrections, entering judgment for the plaintiff in the amount of $1,952,984 for breach of statutory warranties under the Home Building Act 1989 (NSW).

• Ratajeshwara Rao Nallamouthu lot owner
• The Owners-Strata Plan No 39988 owners corp
• Zeljko Milic party
• Kirshan Kumar Khanna party
• Shashi Bhat party
• Marina Fugazza party

The application by the lot owner was dismissed on all grounds, including claims regarding parking enforcement, removal of strata committee members, fire safety repair charges, and access to owners corporation records.

• Bernadette York lot owner
• Kevin Edwards lot owner
• The Owners – Strata Plan No 675 owners corp

The hearing scheduled for 20 November 2024 was vacated and rescheduled to 16 December 2024, with the applicants ordered to file a revised Court Book, reply submissions identifying the questions of law, and to pay the respondent's costs thrown away.

• Jin Beom Choi lot owner
• The Owners Strata Plan No 53482 owners corp

The appeal from the Tribunal's decision was dismissed; the Tribunal's order deeming a common property rights by-law passed under s 149(1)(b) of the Strata Schemes Management Act 2015 was upheld, with the appellant's refusal to consent to the by-law found to be unreasonable.

• Sabrina Gabriela lot owner
• The Owners – Strata Plan No. 52108 owners corp

Leave to appeal was refused and the appeal was dismissed; the original orders for fire safety works to be completed were upheld with the completion deadline extended to 10 February 2025.

• The Owners - Strata Plan No 89791 owners corp
• FKP Constructions Pty Ltd builder
• FKP SJYC Pty Ltd developer

The Court declined to make a costs order in favour of the defendants in respect of their solicitors' correspondence and affidavit relating to document production disputes, finding that the defendants should have sought pre-evidence disclosure with evidence of exceptional circumstances rather than engaging in combative correspondence and serving a notice to produce.

• 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 carry out rectification works by 14 February 2025 and pay the lot owner $316,128.43 in damages for breach of section 106 of the Strata Schemes Management Act 2015; Michael Adamo was removed from the strata committee and restrained from acting as an office holder for not less than one year; applications against other respondents were dismissed.

REAL PROPERTY – STRATA MANAGEMENT – removal of strata committee officer – no basis – meeting procedures including for elections - Strata Schemes Management Act 2015 (NSW) ss 30(4), 35, 37, 238, Sch 1 para 18, Strata Schemes Management Regulation 2016 regs 14, 14A

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

• The Owners – Strata Plan No. 100526 owners corp
• Rolia Hamdan lot owner
• Charlie Hamdan lot owner

The appeal was allowed and the first instance decision dismissing the application for removal of unauthorised works was set aside, with the matter remitted for reconsideration on the basis that the tribunal failed to consider relevant discretionary matters including the impact on other lot owners.

LAND LAW – Strata – By-laws – Contractual construction in cases of long-term contractual relations – Whether earlier deed regained force upon termination of later deed – Licence fee claim – Trespass loss of carpark revenue

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

• Alta Vale Residential Pty Ltd builder
• The Owners – Strata Plan No. 95693 owners corp
• STM 123 No. 8 Pty Limited developer

The Appeal Panel dismissed the builder's appeal against the work order requiring the builder to perform specified works to remedy major defects in the residential development, and refused leave to appeal against the interlocutory decision to refuse adjournment.

• The Owners – Strata Plan No. 5403 owners corp
• Sargents Developments Pty Ltd lot owner
• Ian Douglas Allen lot owner
• M K Murphie Holdings Pty Ltd lot owner
• Patience Laws lot owner
• Lorenz Pau Julien Trouillet lot owner
• Cameron McTaggart lot owner
• Andrew Pilcher Wines lot owner
• Nathan David Keevers lot owner
• Stephen Goerner lot owner
• Michelle Madeline Phibbs lot owner
• A McCoy lot owner

The application to reallocate unit entitlements among 24 lots was dismissed because the applicant failed to establish the valuations of the lots in accordance with accepted valuation principles, a threshold requirement for such applications.

• Kristen Nimmons lot owner
• The Owners Strata Plan No 10441 owners corp

The costs application of the respondent to vary the costs order and obtain costs of the notice of appeal was dismissed, with the panel finding insufficient special circumstances warranting an award of costs.

LAND LAW – Community Land Development Act 1989 (NSW) – Community Land Development Act 1989 (NSW) – creation of by-laws for restricted use – interpretation of by-laws – effectiveness of grant of by-law made by strata scheme on subdivision of strata lot – whether particular common property the subject of the grant. PRACTICE AND PROCEDURE – referral of adjudication proceedings commenced under the Community Land Management Act 1989 (NSW) to the Tribunal – permissibility of including in those referre

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