Decisions table

• Haidi Noor lot owner
• The Owners - Strata Plan No 72939 owners corp

Both the owners corporation's application to vary the costs order and the owner's application to vary the costs order were dismissed; the Appeal Panel maintained its original no order as to costs of the appeal decision.

• Hadi Noor lot owner
• The Owners-Strata Plan No 72939 owners corp

The appeal was allowed; the Tribunal's costs decision was set aside and remitted for redetermination once the primary proceedings have been redetermined.

• Danielle Gai Purcell lot owner
• The Owners – Strata Plan No 908 owners corp

The Tribunal dismissed applications for costs by both parties and ordered each party to bear their own costs of the proceedings, finding no special circumstances warranted a costs award where the substantive dispute was resolved by consent orders for window repair works and did not proceed to a contested hearing on the merits.

• Ellen Marie Abraham lot owner
• The Owners Strata Plan No. 61419 owners corp

The application to renew proceedings for enforcement of orders requiring the Owners Corporation to allow inspection of strata scheme records was dismissed as the renewal was brought outside the required timeframe and the nature of relief sought was not appropriate for renewal proceedings.

COSTS – whether special circumstances – claim for costs made against the owners corporation which did not participate in the substantive proceedings.

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

• Allan Veney lot owner
• The Owners – Strata Plan No 2245 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellant's appeal against the Tribunal's orders dispensing with a hearing and awarding costs to the respondent, finding no appealable error in the first instance decision.

• John Hanley Archibald lot owner
• Lynette Archibald lot owner
• The Owners – Strata Plan No. 50441 owners corp

The Owners Corporation was ordered to pay civil penalties of $1,100 for contravention of orders 4A, 4B, 4C and 4E, and $5,500 for contravention of order 4D, totalling $6,600, to the first applicant for failure to complete specified water remediation works by the contractual deadline of 2 December 2021.

BUILDING AND CONSTRUCTION — builder retained to repair defects caused by original builder — whether proceedings for breach of statutory warranty commenced within 7 years after completion of work — s18E, Home Building Act 1989 (NSW) — date of completion of work — s3B, Home Building Act — legislative history – distinction between completion and practical completion – meaning of “completion” — interaction between s3B(2) and (3). REFEREE — separate question — whether to adopt report — error of law i

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 appeal was dismissed and the Tribunal's decision to transfer proceedings to the District Court was upheld, despite the appellant's arguments regarding jurisdictional limitations.

• BlueHouseCoffs Pty Ltd lot owner
• The Owners – Strata Plan No 61419 owners corp
• Karin Puels lot owner

BlueHouseCoffs Pty Ltd was joined as applicant and Karin Puels removed; the owners corporation was restrained for three months from obtaining further legal services without general meeting approval; applications for production of documents were dismissed; the application was otherwise dismissed.

COSTS – security for costs – cross-claim by builder against its subcontractors – where common ground builder could not meet costs order – whether cross-claim defensive in nature – whether builder has strong prospects of success against cross-defendants – whether ordering security would stultify proceedings – where those behind builder have not revealed their ability to pay security

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

• BNK Café Restaurant Pty Ltd lot owner
• The Owners – Strata Plan No 33676 owners corp

The Appeal Panel dismissed the appellant's application for costs of the appeal, finding no special circumstances warranted a departure from the general rule that each party bear its own costs.

• The Owners - Strata Plan No. 84716 owners corp
• Delmont Purcell lot owner

The lot owner was found to have breached notices to comply with by-laws 5 and 7, and ordered to pay a penalty of $1,320 (8 penalty units for by-law 5 breach and 4 penalty units for by-law 7 breach).

• Rebecca Ann Beitzel lot owner
• The Owners – Strata Plan No. 67504 owners corp
• Richard Christian lot owner
• Heidi Danilewitz lot owner
• Cindy Radomsky lot owner
• Q's Investment (Int) Pty Ltd lot owner
• Harry Haber lot owner
• Jaffa Haber lot owner

The application for orders directing the owners corporation to consent to construction of a swimming pool and to prescribe a common property rights by-law was dismissed as the applicant failed to establish that the owners corporation unreasonably refused consent.

• Mei Lan Roberts lot owner
• The Owners - Strata Plan No 4393 owners corp

The Appeal Panel dismissed the respondent's application for costs and ordered each party to pay their own costs of the appeal, finding that rule 38 did not apply and no special circumstances warranting an award of costs existed.

• Haidi Noor lot owner
• The Owners - Strata Plan No 72939 owners corp

The appeal was allowed; the order dismissing the claim for damages for loss of rent was upheld as time-barred, but the issues of whether the lot owner is entitled to a work order and damages other than for loss of rent were remitted to the Tribunal for reconsideration.

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

The appeal against a costs order awarded to the respondent in connection with a dismissed application for interim relief was dismissed, with the Appeal Panel finding the Tribunal's reasons for awarding costs adequate and the discretion to award costs not having miscarried.

• The Owners – Strata Plan No. 10717 owners corp
• Darryl William Mantell lot owner
• Diane Louise Mantell lot owner

The Tribunal dismissed the owners corporation's application to remove a bench from common property but granted the lot owners' application for a common property rights by-law relating to the subject area, finding the owners corporation's refusal of the by-law was unreasonable.

• Sunaust Properties Pty Ltd t/as Central Sydney Realty contractor
• The Owners – Strata Plan No 64807 owners corp

The Court of Appeal dismissed the caretaker's appeal and upheld the Tribunal's jurisdiction to terminate the caretaker agreement under s 72 of the Strata Schemes Management Act 2015.

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

The Tribunal dismissed both applications finding the Owners Corporation did not unreasonably refuse consent to install air-conditioning condenser units on the balcony returns as the proposed works were not compliant with Special By-law 5 and the by-law itself was not unjust.

• Gary Mark Colman lot owner
• The Owners Strata Plan No. 61131 owners corp

The Lot owner was ordered to pay the costs of The Owners Strata Plan No. 61131 on an ordinary basis (not indemnity basis) as the unsuccessful party in the substantive proceedings.

• Rosa Camilleri and Sandra Peer lot owner
• The Owners – Strata Plan No. 4987 owners corp

The application was dismissed as the tribunal was not satisfied that the owners corporation unreasonably refused consent to the lot owners' proposed structural renovation works involving removal of load bearing walls in unit 14.

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

The application for recusal of the judge was refused as the allegations of bias and private communications were found to be completely unfounded and lacking any logical connection between asserted facts and feared deviation from impartial decision-making.

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

The motion to set aside orders made on 17 July 2023 was dismissed; Campbell J held that UCPR 36.15 does not permit review of orders for error in merits and that the proper avenue to challenge the earlier decision is the Court of Appeal.

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

Documents filed in contravention of a stay order were removed from the court file and returned to the applicant, and a notice to produce was set aside.

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

The plaintiff was ordered not to take any further steps in the proceedings without complying with prior orders or obtaining leave, and was ordered to pay the defendant's costs on the ordinary basis due to multiple unsuccessful applications and procedural breaches.

BUILDING & CONSTRUCTION; Home Building – breach of statutory warranties – where work involved the conversion to residential use of a commercial space – scope of contract -effect of implied warranties.

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

LAND LAW---Strata scheme---s 237 Strata Schemes Management Act 2015 (NSW)---Appointment of compulsory strata manager---Where compulsory strata manger already appointed---Whether circumstances justify a further appointment of compulsory strata manager---Whether circumstances justify extension of the existing order.

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

• Canterbury-Bankstown Council government
• The Owners – Strata Plan No 71808 owners corp

The respondent was convicted of three counts of contempt for failing to comply with consent orders requiring provision of fire safety certificates and upgrade strategy, and ordered to pay fines totalling $11,250 plus ongoing monthly penalties of $2,000 per charge until compliance.

• Spiros Nikitopoulos lot owner
• The Owners – Strata Plan No 52311 owners corp

The Tribunal invalidated motions 3 and 4 from the EGM on 12 September 2022 dissolving and re-electing the Strata Committee, declared Special by-laws 4 and 5 invalid, but dismissed applications for work orders, parking enforcement, and compulsory appointment of a strata managing agent.

• 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 Tribunal found multiple contraventions of interim orders restraining Ms Roberts from carrying out unauthorised renovation works in her lot and directed that proceedings be listed for hearing to determine whether civil penalties should be imposed and in what amount.

• The Owners - Strata Plan No. 91016 owners corp
• Upright Builders Pty Ltd builder
• Bayone Projects Pty Ltd developer
• City of Ryde Council government
• The Owners - Strata Plan No. 97600 party

The Court answered yes to the separate question that the Encroachment of Buildings Act 1922 applies to the encroachment of the walkway and stairs onto Nancarrow Avenue, but qualified the answer to clarify that the Court's power is limited by existing legislative prohibitions on what the roads authority can lawfully do.

• Raymond Ross lot owner
• Sarab Chami lot owner
• The Owners – Strata Plan No 61667 owners corp

The applicants were ordered to pay the respondent's costs of the failed application to reinstate appeal proceedings in the fixed sum of $6,245.

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

The plaintiff's summons was struck out as irregularly commenced and blending impermissible criminal and civil allegations; the plaintiff was given 28 days to replead as a statement of claim; prayers to strike out the defendant's notice of appearance were refused; and the application for suppression of the plaintiff's identity was refused.

• The Owners – Strata Plan No 61618 owners corp
• JPG Investment Holdings Pty Ltd lot owner
• Conrad Corporation Pty Ltd lot owner

The appeal panel granted a conditional stay of orders requiring the Owners Corporation to consent to a development application pending determination of the appeal, conditional upon the appeal being ratified at a general meeting.

COSTS – failed application for a stay of order transferring proceedings from Tribunal to a Court – Appeal Panel not satisfied order capable of being meaningfully stayed – whether r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) engaged or whether special circumstances warranting an order as to costs established

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

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

The respondents' application for costs in relation to the appeal was dismissed, with the tribunal finding no special circumstances warranted a costs order despite the respondents being successful on the substantive appeal.

• Maurice Clifford Westerweller lot owner
• The Owners – Strata Plan No 18482 owners corp

The appellant was ordered to pay the respondent's costs of the appeal as special circumstances were established, being that the appeal was misconceived and untenable and the appellant conducted the appeal in a way that unnecessarily disadvantaged the respondent.

• BNK Café Restaurant Pty Ltd lot owner
• The Owners – Strata Plan No. 33676 owners corp

The appeal was dismissed and leave to appeal refused; the Appeal Panel upheld the Tribunal's finding that the owners corporation did not unreasonably refuse to make the proposed by-law amendment for electrical works that would have retrospectively sanctioned unauthorised work that interfered with common property and a neighbouring lot.

• The Owners – Strata Plan No 91016 owners corp
• Upright Builders Pty Ltd builder
• Bayone Projects Pty Ltd developer
• City of Ryde Council government

Separate question ordered to determine whether City of Ryde Council is an adjacent owner under the Encroachment of Buildings Act 1922; application to amend summons refused.

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

Both summons issued at the applicant's request to produce documents were set aside as lacking reasonable particularity and amounting to fishing expeditions.

LAND LAW — Strata title — Resolution of disputes - Meetings of owners corporation – order sought under s 24 of the Strata Schemes Management Act invalidating resolution of and election held by owners corporation – Strata managing agent — Compulsory appointment of strata managing agent.

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

LAND LAW — Strata title — Strata managing agent – where three owner corporations of Finger Wharf development at Woolloomooloo passed resolutions terminating appointment of strata managing agent and appointing new one – where strata managing agent is different to managing agent appointed for Wharf as a whole by building management committee as a result – where clause of strata management statement (“SMS”) required owners’ corporations to “appoint and retain” the same strata managing agent as the

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

• Raymond Ross party
• Sarab Chami party
• The Owners – Strata Plan No 61667 owners corp

The application to extend time to lodge the application to reinstate appeal proceedings was refused, and the respondent's application for costs of the appeal was dismissed.

• Peter Maresh lot owner
• The Owners - Strata Plan No 13134 owners corp

The owners corporation must produce certain documents to the lot owner by 13 June 2023, but legal professional privilege was established for some documents relating to litigation advice.

• The Owners - Strata Plan No. 74442 owners corp
• Mandana Harrison lot owner
• Milo Brogan lot owner
• Carolyn Arnett lot owner
• Vasiliki Tsiavos lot owner
• Raveen Prakesh lot owner
• Saliya Gunawardena lot owner
• Petar Trajkovsji lot owner
• Sandor Jakucs lot owner
• Peter Clisdell Pty Ltd trading as Clisdells Strata Management manager
• Strata Management Centre Pty Limited trading as Strata Management Services NSW manager

The appeal against the compulsory strata manager appointment of Clisdells was dismissed; leave to appeal was granted on grounds 1-3 relating to procedural fairness but refused on grounds 4-5, and the original appointment order was upheld.

• The Owners – Strata Plan No 7704 owners corp
• Jiwoo Kim lot owner

The Tribunal ordered the respondent to ensure that the floor space in lot 3 in the two bedrooms, hallways, living and dining room is soundproofed to prevent transmission of noise in excess of 50 LnT,w within 56 days, finding the installed flooring system did not comply with the approved 5 star acoustic rating condition.

• The Owners-Strata Plan No. 86807 owners corp
• Crown Group Constructions Pty Ltd builder
• Crown W Pty Ltd developer

Leave was granted to the Owners Corporation to amend its technology and construction list statement to add a claim under the Design and Building Practitioners Act 2020 for breach of duty of care regarding non-compliant cladding, conditional upon filing expert evidence by 15 June 2023 that the cladding did not comply with the Building Code of Australia.

• Mei Lan Roberts lot owner
• The Owners - Strata Plan No 4393 owners corp

The Appeal Panel dismissed the appellant's appeal and upheld the Tribunal's decision awarding costs to the respondent owners corporation, finding the appellant had engaged in wilful misconduct by conducting unauthorised renovation works in breach of stop-work orders and Tribunal directions.

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

The application for a stay of the order transferring proceedings to the District Court was dismissed on the basis that the Appeal Panel had no meaningful power to stay an order that took effect when made.