Decisions table

• The Owners – Strata Plan No. 20548 owners corp
• Mount Street 4 Pty Ltd aft Mount Street 4 Unit Trust party
• Keith Anthony Bond lot owner
• Taunton10 Pty Ltd lot owner

Taunton10 Pty Ltd was joined as third respondent to the strata renewal proceedings pursuant to section 181(6)(b) of the Strata Schemes Development Act 2015 (NSW), and costs of the motion were reserved.

• Easy Trades Australia Pty Ltd builder
• The Owners – Strata Plan No. 3844 owners corp

The appeal by the builder against the first instance decision awarding the owners corporation $61,708.68 for defective works (including a concrete staircase and brickwork) was dismissed, with the Appeal Panel confirming the Senior Member's findings on defects, rectification methodology, and rejection of the builder's set-off claim.

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

The appeal was dismissed and the Tribunal's decision to decline to extend time for bringing recovery proceedings for water damage more than two years after the loss occurred was upheld.

• Alison Loise Smith lot owner
• Grant Darren Smith lot owner
• The Owners – Strata Plan No. 43094 owners corp

Leave to appeal was refused and the appeal was dismissed; the original orders requiring the Smiths to remove unauthorised works (pergola, benches, and window) and restore the common property were upheld, with extended compliance timeframes.

• The Owners – Strata Plan No 93804 owners corp
• M Services & Maintenance Pty Ltd contractor

The respondent's application for a further extension of time to comply with work orders made on 11 September 2019 was refused, and the respondent was ordered to pay the applicant $500,000 as compensation for the uncompleted rectification works.

• Judith Gates lot owner
• Paul Carpenter lot owner
• The Owners - Strata Plan No 5165 owners corp

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

APPEALS – Finding of breach of duty to maintain and repair common property - exercise of discretion - no error of law- no basis for granting leave to appeal

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

CIVIL PROCEDURE – pleadings – amendment – where plaintiff seeks to exercise liberty to replead allegations against the third defendant – whether prejudice to the third defendant by reason of delay and other matters CIVIL PROCEDURE – admissions – where plaintiff’s proposed amended list statement contains new allegations as to an alleged contract between the second and third defendants said to be evidenced by “evidentiary admissions” in the second and third defendants’ cross-claim against third pa

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

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

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

• Michael David Horan lot owner
• The Owners – Strata Plan No. 68307 owners corp

The respondent was ordered to pay the appellant's costs of the appeal on an ordinary basis, as the appellant was successful in having the damages award increased from $9,325.19 to $46,616.26.

• Victor Keddis lot owner
• The Owners - Strata Plan No 20198 owners corp

Both proceedings were dismissed; the tribunal found that strata scheme 20198 is functioning satisfactorily, the owners corporation did not fail to perform its duties in material respects, and a compulsory strata manager should not be appointed.

DAMAGES – costs of rectification works

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

• Samar Sultan lot owner
• The Owners Strata Plan no 54721 owners corp

The applications of both parties for costs of the appeal were dismissed; the appellant succeeded in having a costs order set aside but was unsuccessful in appealing the monetary order for outstanding levies, and the Appeal Panel made no order for costs of the appeal.

• Brendan Campbell lot owner
• The Owners Strata Plan No 88807 owners corp

Application dismissed; the applicant failed to establish that the owners corporation breached its strict duty of maintenance and repair or that the alleged loss of rent was a reasonably foreseeable result of any breach.

• The Owners-Strata Plan No. SP54026 owners corp
• Kastri Aev Pty Ltd lot owner

The appeal panel found the respondent lot owner was successful in the appeal proceedings, made no order as to costs of the appeal, and noted the effect of section 104 of the Strata Schemes Management Act 2015 (NSW) in favour of the respondent.

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

Appeal allowed in part: quarantine order made to levy all lot owners other than the applicant in proportion to unit entitlements for costs of rectification works; appeal otherwise dismissed and leave to appeal refused on other grounds.

• The Owners – Strata Plan No. 82089 owners corp
• Omaya Holding Pty Ltd developer
• Arinson Pty Ltd contractor
• Omaya Investments Pty Ltd party
• BSM Holdings Pty Ltd party
• Integrated Design Group Pty Ltd consultant
• Bernie Cohen & Associates Pty Ltd trading as Essential Certifiers consultant

Summary dismissal application dismissed; strike-out application upheld with leave to replead; application to withdraw admissions dismissed; amendment made to correct obvious error in list response.

• Raysons Constructions Pty Limited builder
• The Owners - Strata Plan No 87003 owners corp

The Appeal Panel upheld Raysons Constructions' appeal, set aside the Tribunal's orders in favour of The Owners, and ordered The Owners to pay Raysons Constructions' costs of both the appeal and the Tribunal proceedings on the ordinary basis, declining to award indemnity costs despite Calderbank offers.

• Jade Y Hsueh lot owner
• The Owners – Strata Plan No 61321 owners corp

The owners corporation was ordered to rectify water ingress and related defects at Lot 5 within three months and to pay the applicant $11,504 for mould treatment costs and floor damage, but the application was otherwise dismissed including claims for lost rental income, screen door replacement, and declaration regarding levy arrears.

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd builder
• Daniel Russell consultant

The court refused to make a personal costs order against the plaintiff's solicitor Daniel Russell, finding that although steps could have been taken more expeditiously to engage with experts, the delay was not caused by serious neglect, incompetence, misconduct or improper conduct on his part.

LAND LAW – Easements – Right of Way – Full and free right for every person entitled to an estate or interest in the dominant tenement, and every person authorised by them, to go, pass and repass at all times and for all purposes, with or without vehicles, to and from the dominant tenement - Whether the defendant (servient owner) is infringing the right of the plaintiff (dominant owner) to enjoy the easement according to its terms and free of substantial interference by the servient owner, by ref

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

• Helen Mary Dart lot owner
• The Owners - Strata Plan 71849 owners corp

The appeal was allowed on questions of law; the Tribunal's findings on the number of common property items requiring repair were based on no evidence, the Tribunal failed to consider whether the limitation period applied to a work order application, and the Tribunal applied a wrong legal principle regarding limitation periods for work orders, resulting in remittal to the Tribunal for redetermination.

• SafeWork NSW government
• The Owners - Strata Plan No 93899 owners corp

The Owners Strata Plan No 93899 was convicted of failing to ensure the workplace was without risks to health and safety after a damaged gate fell and fatally crushed a worker; ordered to pay a fine of $225,000 and prosecution costs of $40,000.

BUILDING AND CONSTRUCTION – Home Building Act 1989 - contract to undertake residential building work– non est factum – purported oral variation to scope of works - waterproofing - failure to comply with Australian Standard and Building Code of Australia BUILDING AND CONSTRUTION – Statutory duty of care under s37 of Design and Building Practitioners Act 2020 – waterproofing - failure to comply with Australian Standard and Building Code of Australia

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

• The Owners - Strata Plan No 30691 owners corp
• Maryanne Pickard lot owner

The Appeal Panel upheld the appeal and set aside the damages order of $35,990, holding that the two-year limitation period in s 106(6) of the Strata Schemes Management Act 2015 is a substantive limitation that cannot be extended under s 41 of the NCAT Act and that the Tribunal lacked jurisdiction to award damages outside that period.

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

The Appeal Panel refused leave to appeal and dismissed the appellants' appeal against the Tribunal's decision to reallocate unit entitlements in the strata scheme based on the relative values of lots as at 17 June 2014, increasing the appellants' lot unit entitlements from 60 to 109 and from 24 to 43 respectively.

REAL PROPERTY – STRATA MANAGEMENT – strict duty of owners corporation to maintain and repair common property – lost rent claim arising from alleged breach of duty – limitation period in Strata Management Act 2015 (NSW) s 106(5) with (6) – nature of loss - extension of time under Civil and Administrative Tribunal Act 2013 (NSW) s 41

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

• Michael David Horan lot owner
• The Owners – Strata Plan No. 68307 owners corp

The appeal was allowed in part; the owners corporation's breach of its duty under section 106 of the Strata Schemes Management Act was established, and damages for loss of rental opportunity were increased from $7,510 to $45,060 for the period July to December 2020, plus electricity charges of $429.26, totalling $46,616.26.

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd contractor

Leave granted to plaintiff to rely on supplementary expert reports served late in breach of guillotine order; plaintiff ordered to pay defendant's costs on gross sum basis; solicitor directed to show cause why he should not personally meet the costs order.

LAND LAW — Strata title — Owners corporation — Contributions by owners – Recovery of unpaid contributions and interest – Unpaid strata levies – Notice of Levy

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

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

The appeal was allowed on the question of law whether a mitigation defence is available in answer to a claim for damages under s 106(5), with the court holding that an owners corporation may establish that a lot owner's unreasonable failure to mitigate loss reduces their damages claim.

• Raysons Constructions Pty Ltd builder
• The Owners – Strata Plan No. 87003 owners corp

The appeal was allowed and the orders for the builder to repair defects were set aside; the application was dismissed on the basis that the owners corporation was aware of the defects before the limitation period expired and could not rely on the statutory extension under s18E(1)(e).

• The Owners – Strata Plan No 89866 owners corp
• John Joseph Zouki lot owner
• Hardy Pty Limited developer
• Kevin Zouki lot owner
• Juliane Lahood party

Indemnity costs were refused; the Court found it was not unreasonable for Hardy Pty Limited to reject the settlement offers made on 18 April 2024 and 23 April 2024, and ordered that Hardy Pty Limited pay the Owners Corporation's costs on a party/party basis only.

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd builder

The court refused leave to the Owners Corporation to rely on supplementary expert reports served in breach of a consented guillotine order, finding the explanation for non-compliance was not adequate, comprehensive, and candid.

BUILDING AND CONSTRUCTION – Home Building Act 1989 – residential building work – statutory warranties – defendant constructed development of 45 townhouses – extent of defects – whether damage to lot property or common property – scope of rectification works

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

• Samar Sultan lot owner
• The Owners – Strata Plan No. 54721 owners corp

The appeal regarding the monetary order for levies ($15,105.62) was dismissed and affirmed, but the appeal regarding the water ingress application was upheld and remitted for rehearing due to denial of procedural fairness when the respondent's expert witness was not available for cross-examination.

• Mercy Samia lot owner
• Carolina Foster lot owner
• The Owners – Strata Plan No 67743 owners corp

The appeal was dismissed and leave to appeal refused; the Tribunal's decision to appoint Strata Management Services Pty Ltd as compulsory strata manager for the dysfunctional two-lot strata scheme was upheld.

BUILDING AND CONSTRUCTION – contract – damages – defects –

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

• The Owners – Strata Plan No 89866 owners corp
• John Joseph Zouki party
• Hardy Pty Limited developer
• Kevin Zouki builder
• Juliane Lahood party

Freezing order restraining Hardy Pty Limited from dealing with proceeds of sale of Unit 5 was varied and continued until conclusion of hearing, with the restrained amount reduced from $3.2 million to $1.1 million and carve-out for ordinary living expenses removed; order restraining Juliane Lahood from dealing with Unit 5 was extended until conclusion of hearing.

COSTS – award for costs where appeal dismissed for non-appearance of appellant – special circumstances – appellant failing to appear at hearing of appeal despite expressly requesting a hearing – failure to comply with duty under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW) – claim for lump-sum award of costs – principles applicable to fixing lump-sum

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

COSTS — Party/Party — Orders when proceedings involve multiple parties — Whether some defendants should be considered “interveners” — Whether plaintiff ought to pay the costs of those defendants – Whether plaintiff capitulated COSTS — Party/Party — Court’s discretion — Where two dominant issues arose during the proceedings — Where plaintiff unsuccessful on first issue — Where second issue arose due to a controversy as between some defendants — Where plaintiff “agnostic” as to outcome of second i

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

• The Owners-Strata Plan No 53865 owners corp
• JPG Investments Pty Ltd lot owner
• Conrad Corporation Pty Ltd lot owner

The Appeal Panel dismissed the lot owners' application for costs, finding that special circumstances had not been established under section 60(2) of the Civil and Administrative Tribunal Act 2013 and each party must bear its own costs of the appeal.

• Noela Hunt lot owner
• Brian Hunt lot owner
• Cheryl Hunt lot owner
• The Owners - Strata Plan No 1158/84199 owners corp

Leave to appeal was refused and the appeal was dismissed; the Tribunal's decision that the owners corporation did not unreasonably refuse consent to install air-conditioning units on the balconies in non-compliant positions was upheld.

JUDGMENTS AND ORDERS – amending, varying and setting aside orders – corrections under slip rule – orders amended

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

• The Owners – Strata Plan No 64757 owners corp
• Sydney Remedial Builders Pty Ltd builder

Leave to appeal refused; the Court of Appeal upheld the primary judge's decision that proceedings claiming $850,000 in damages for building defects were commenced out of time under the Home Building Act 7-year limitation period.

CIVIL PROCEDURE – summary disposal – application seeking

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

CIVIL PROCEDURE – summary disposal – application for dismissal of proceedings for want of due despatch – where first defendant/cross-claimant has disengaged from proceedings – whether gross sum costs order should be made against first defendant/cross-claimant in favour of third cross-defendant

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

• The Owners – Strata Plan No. 85494 owners corp
• PBS Building (NSW) Pty Ltd builder
• Iris Property Group Pty Ltd developer
• Squillace Architects Pty Ltd consultant
• Royal Tiles Australia Pty Ltd contractor

Leave to amend pleading to add fire safety defects was granted conditionally, with the trial judge to determine whether the Second Defendant was prejudiced and whether the amendments should be revoked, and the Owners ordered to pay the Second Defendant's costs thrown away by the amendments.

COSTS — appeals — whether the Tribunal erred in not finding special circumstances and ordering costs after the Respondent, in substance, consented to the relief sought by the Appellant, the Applicant below — failure to consent to the Appellant’s proceedings earlier was not unreasonable — the Tribunal did not err in not finding special circumstances and not awarding costs in favour of the Appellant — whether the order of the Tribunal directing the Appellant to exempt the Respondent from any costs

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

• Anne Casey lot owner
• Renfay Projects Pty Ltd builder
• The Owners – Strata Plan No 586 owners corp

Applications by the Owners Corporation and Anne Casey to vary the Appeal Panel's costs order were dismissed, and the original order requiring Anne Casey to pay costs to Renfay Projects Pty Limited and The Owners Strata Plan 586 on the ordinary basis was reinstated.