Decisions table

COSTS – Costs assessment – Determination – Mixed results – Parties succeeding and failing in both claims and cross claims – Intent to find just and equitable costs solution to whole of the proceedings

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

• S Selkirk lot owner
• The Owners - Strata Plan No 2661 owners corp

The appellant was successful on appeal in relation to the common property issue concerning bathroom repairs and related claims, but the costs orders were structured to quarantine the flooring issue on which the appellant was unsuccessful, with the appellant ordered to pay the respondents' costs on that severable issue while receiving most of her appeal costs from the owners corporation.

• Kevin Lenux lot owner
• The Owners – Strata Plan No 88786 owners corp

The appeal against the costs order was granted on procedural fairness grounds; however, the Appeal Panel affirmed that costs should be awarded to the Owners as the lot owner had undertaken unauthorised works to common property without proper approval and refused to accept this throughout the proceedings.

• Karen Marie Gill lot owner
• The Owners – Strata Plan No. 17913 owners corp
• Warwick Young manager

Leave to appeal was refused and the appeal was dismissed; the Tribunal's original decision dismissing the applicant's application for removal of the building manager/committee chairperson and various management orders was upheld.

LIMITATION OF ACTIONS – whether proceedings brought out of time – whether interim occupation certificate authorised occupation and use of the “whole of the building” for the purposes of the Home Building Act 1989 (NSW) CIVIL PROCEDURE – pleadings – application to strike out – whether claims under the Home Building Act 1989 (NSW) and Design and Building Practitioners Act 2020 (NSW) adequately articulated – whether necessary to prepare a schedule setting out the risks and steps to manage those ris

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

COSTS – party/party – self-represented litigant – where application made by defendant for gross sum costs orders under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) following summary dismissal of plaintiff’s claim – where conduct of the plaintiff significantly increased costs and disbursements incurred by the defendant – application granted

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

• Moira Bass-Skardon lot owner
• Anthony Abbess lot owner
• The Owners-Strata Plan No 33038 owners corp

The owners corporation was ordered to perform repairs to the sub-floor beneath Lot 6 and install a drainage system within 3 months, with all other applications dismissed.

STRATA PLANS - Operation of Car Park contrary to development application - Whether the tort of unlawful interference with trade forms part of the common law of Australia

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

LAND LAW – Strata title – By-laws – Whether By-law granting exclusive use rights conditional on four critical obligations had been complied with – Whether clause of By-law ceasing exclusive use rights unless critical obligations were complied with is unjust – Whether clause of By-law ceasing exclusive use rights unless critical obligations were complied with is unconscionable, harsh or oppressive – Whether special levies are unreasonable – Award as to damages- reasonableness of costs – quantum a

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

CIVIL PROCEDURE – separate determination of questions – whether the amount of damages to which a party are entitled should be heard separately EVIDENCE – expert evidence – whether single party expert should be appointed

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

All three appeals by Anne Casey against the Primary Decision, Work Order Decision, and Costs Decision were dismissed, with the Appeal Panel finding no procedural unfairness and no errors of law in the tribunal's original determinations.

• Ned Abraham lot owner
• The Owners – Strata Plan No 61419 owners corp
• BlueHouseCoffs Pty Ltd manager
• Arthur George Bilski lot owner
• Wojceich Marek Bilski lot owner

The appeal was dismissed as incompetent because Ned Abraham, a lot owner, lacked standing to appeal on behalf of the Owners Corporation after a compulsory strata manager with plenary powers was appointed, and the appointed manager did not ratify the appeal.

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

The appeal was allowed against the owners corporation and the matter was remitted for re-determination on the scope of work required to fulfil the owners corporation's strict duty to maintain and repair common property in the appellant's bathroom and the amount of rent and losses from 5 December 2020.

• Malcom Reid lot owner
• Leonie Palmer lot owner
• The Owners – Strata Plan No. 5362 owners corp
• Peter Bonello lot owner
• Catherine Munayer lot owner
• John Wynne lot owner
• David Withers lot owner

The application for appointment of a compulsory strata manager under s237 and removal of strata committee members under s238 was dismissed.

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

The court dismissed the applicant's motion to join 15 dissenting lot owners to the proceedings for the purpose of the conciliation conference only, finding the statutory scheme for strata renewal plans prescriptive and comprehensive with adequate notice provisions, and that joinder was not necessary or of utility.

• The Owners - Strata Plan No 97315 owners corp
• Icon Co (NSW) Pty Ltd builder

The court ordered that there be no order as to the costs of the reference, with each party bearing its own costs, because neither party established the case for which it primarily contended on the sunshade defects issue.

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

The appeal of the owners corporation against the Tribunal's order requiring it to consent to the lot owners' development application for construction of additional storeys was dismissed, with the original Tribunal orders upheld.

• The Owners-Strata Plan No 92334 owners corp
• Peng Zheng lot owner
• Ning Lu lot owner

The respondents were found to have contravened by-law 27 by parking vehicles on common property in breach of a Notice to Comply with By-laws dated 21 December 2022, and were ordered to pay a penalty of $550.

• The Owners – Strata Plan No 13631 owners corp
• Peter McGrath lot owner
• Kate Elizabeth Barrington lot owner

Both the applicant's and first respondent's applications for costs were dismissed as special circumstances warranting a costs order were not established.

• The Owners – Strata Plan No. 64807 owners corp
• Sunaust Properties Pty Ltd contractor

The application to dismiss and transfer proceedings to Supreme Court were refused; proceedings stayed pending finalisation of Supreme Court proceedings; application to amend refused; costs reserved.

• Nerrida de Beck lot owner
• The Owners – Strata Plan No. 30468 owners corp
• Brilliant Property Group Pty Ltd manager

A compulsory strata managing agent (Brilliant Property Group Pty Ltd) was appointed to exercise all functions of the owners corporation for 12 months due to the management not functioning satisfactorily, including inadequate roof leak repairs, unresolved toilet maintenance issues, failure to remove an unauthorised bollard, and failure to prepare a required capital works plan.

• The Owners - Strata Plan No 4393 owners corp
• Mei Lan Roberts lot owner
• The Commissioner for Fair Trading of the Department of Customer Service government

The respondent was ordered to pay civil penalties totalling $8,250 for contravening tribunal stop work orders by carrying out plumbing work, structural works, and other renovations on her lot, and to pay the applicant's costs on an ordinary basis.

PRACTICE AND PROCEDURE – application for recusal – where plaintiff identified no basis for recusal – request refused JUDGMENTS AND ORDERS – amending, varying and setting aside – where plaintiff brought application to set aside orders – where plaintiff did not materially engage with provisions of the Uniform Civil Procedure Rules 2005 (NSW) – where plaintiff alleges judge had hidden and malicious agenda – application dismissed

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

• Promina Design & Construction Pty Ltd builder
• The Owners - Strata Plan No 97449 owners corp

The respondent's application for costs of the appeal was dismissed as rule 38 did not apply and no special circumstances warranting an award of costs were established.

• TMCM Enterprises Pty Ltd lot owner
• Global Investment Group Holdings Pty Ltd party
• The Owners - Strata Plan No 78894 owners corp
• Strata Community Insurance Agencies Pty Ltd insurer
• KatzBergin Loss Adjusters Pty Ltd consultant

The court ordered the second plaintiff to provide security for costs in the amounts of $65,000 for the first defendant, $65,000 for the second defendant, and $90,000 for the third defendant, with proceedings stayed until security is provided.

• The Owners - Strata Plan No 2227 owners corp
• Navhand Pty Ltd lot owner

Judgment entered for the Owners Corporation against Navhand for unpaid strata levies, interest, and recovery costs totalling $94,740.78, with the defendant ordered to pay the plaintiff's costs.

• The Owners-Strata Plan No 8461 owners corp
• Joseph Georghy lot owner

The owners corporation's application for orders to remove items stored on common property, remove unauthorised alterations, prevent vehicle parking, and restore common property was dismissed as the corporation failed to establish its case.

• Bei Bei Tao lot owner
• The Owners - Strata Plan No 16107 owners corp

The appeal was upheld and the owners corporation was ordered to undertake all necessary work to repair the internal wall in Lot 8, including stopping water from travelling behind tiles into cement render, removing the watermark, and painting the room to its original condition by 1 March 2024.

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Ltd builder
• Madarina Pty Limited developer

The Court allowed the appeal and struck out the builder's proportionate liability defences, holding that the non-delegable duty under section 37 of the Design and Building Practitioners Act 2020 is not subject to apportionment under Part 4 of the Civil Liability Act 2002.

• The Owners – Strata Plan No 21563 owners corp
• Katherine Yvonne Rutherford lot owner

The appeal was allowed and the judgment amount was reduced from $10,169.29 to $7,019.64 by excluding legal costs incurred in pre-litigation mediation, which were found to be prohibited by Strata Schemes Management Regulation 2016 clause 60.

• The Owners – Strata Plan No 44958 owners corp
• Joanne Michel lot owner
• Alan Cook lot owner

The Tribunal ordered replacement of the Colourbond fence with equal cost-sharing between the parties, rejecting the applicant's claim that the retaining wall was part of the dividing fence and finding the existing fence was not sufficient.

COSTS – special circumstances

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

• The Owners – Strata Plan No. 99779 owners corp
• Rockdale One Pty Ltd builder
• Piety THP Pty Ltd party

The Tribunal found that numerous defect items (CP.503, CP.506, CP.507, CP.508, CP.509, CP.511, CP.80, CP.302 and all similar instances) were defective and ordered the respondents to rectify them by work order to be filed within 14 days.

• Kevin Lenux lot owner
• The Owners - Strata Plan No 88786 owners corp

Both proceedings were dismissed; the tribunal found that Special By-law 1 prohibiting enclosure of the mezzanine level was valid and not harsh, unconscionable or oppressive, and that the owners corporation did not unreasonably refuse to make the modified renovation works by-law.

• Virginia Louise Osborne lot owner
• The Owners - Strata Plan No 13516 owners corp

The respondent was found to have breached its duties to maintain common property (electrical infrastructure and asbestos-contaminated cabinet) but the applicant succeeded in recovering only $4,752.00 for a damaged marble table and 50% of costs, with claims for loss of rental income and other expenses dismissed.

• The Owners of Strata Plan No 97315 owners corp
• Icon Co (NSW) Pty Ltd builder

Application for leave to appeal from the primary judge's decision adopting the referee's report regarding defective sunshade installations was dismissed with costs, as the application did not raise an issue of principle, question of public importance, or reasonably clear injustice.

LAND LAW — Strata title — Termination of strata scheme — Where termination orders sought not unanimous — Where there are existing debts owed by owners corporation to an unsecured lender — Whether registered mortgagees ought be paid first from proceeds of sale if termination orders made — Whether collective sale pursuant to Part 10 of the Strata Schemes Development Act is more appropriate in the circumstances

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

BUILDING AND CONSTRUCTION – Design and Building Practitioners Act 2020 (NSW) – statutory duty under s 37 – application to amend Technology and Construction List Statement

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

APPEALS – Adequacy of reasons LAND LAW – Strata title – By-laws - Interpretation of by-law – Whether by-law is an “instrument” for the purposes of the Interpretation Act 1987 (NSW) WORDS AND PHRASES – “Instrument”

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

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp

Proceedings dismissed as frivolous, vexatious and an abuse of process, with plaintiff ordered to pay defendant's costs on an indemnity basis.

Costs – strata renewal plan – application for an order giving effect to – discontinuance of proceedings – statutory provision that owners corporation pay dissenting owner’s costs – otherwise order for costs sought

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

• Heather Gee lot owner
• The Owners – Strata Plan No 32191 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellant's appeal against the Tribunal's dismissal of her application for appointment of a compulsory strata manager.

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Major defect

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

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

The hearing scheduled for 16 and 17 November 2023 was vacated, orders 5 to 16 made on 25 May 2023 were vacated, and the proceedings were listed for further directions not before 1 March 2024 due to the Tribunal being deprived of jurisdiction over issues that are the subject of concurrent District Court proceedings.

• Peter McDaid lot owner
• The Owners – Strata Plan No. 60346 owners corp

The application was dismissed; the Tribunal found that while common property waterproofing was in disrepair, the lot owner failed to substantiate his damages claim for lost rent and failed to provide a sufficiently detailed scope of works to support a work order, and there were no grounds to appoint a compulsory strata manager or remove the strata committee member from office.

• Robert Klewer lot owner
• The Owners – Strata Plan 70149 owners corp

The application seeking orders to set aside decisions of the Owners Corporation regarding payment plans, interest waiver, reimbursement for repairs, unit valuations, action against adjoining owner, and common property repairs was dismissed.

• Lucineh Amirchian lot owner
• The Owners – Strata Plan no 99357 owners corp

The Appeal Panel upheld the appeal, set aside the first instance decision dismissing the application, and ordered the Respondent to pay the Appellant $7500 compensation for lost rental income due to the Respondent's breach of its duty to maintain and repair common property following water leakage.

• Ruihui Ma lot owner
• The Owners - Strata Plan No 65870 owners corp
• Michael Lehner lot owner
• Professional Strata Management Group manager
• Network Strata Services Pty Ltd manager

Network Strata Services Pty Ltd was appointed as the strata managing agent for 12 months in preference to Professional Strata Management Group due to doubts about PSMG's competence based on prior failures, with no order as to costs.

• Paul Thomas Butt lot owner
• The Owners - Strata Plan No 71715 owners corp
• John O'Donnell lot owner

The application was dismissed as the orders sought were misconceived and lacked utility, particularly because the transformer room complained of is located on property owned by the City of Sydney and leased to Ausgrid, not on common property of the Owners Corporation.

• The Owners - Strata Plan No. 13031 owners corp
• Ricky Harasty lot owner

The Costs Respondent (Harasty) was ordered to pay 50% of the Costs Applicant's (The Owners) costs of the appeal due to special circumstances including late withdrawal of serious misleading conduct allegations and persistence despite prior warning of costs exposure.