Decisions table

INTERIM ORDER – where body corporate committee resolved to commence legal proceedings - whether interim order is warranted. Act, s279(1)

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

BY-LAWS – where the applicant alleges the owner of Lot 28 is breaching the scheme’s by-laws – whether an order that the body corporate enforce the by-laws is warranted in the circumstances. Act, ss 94, 100, 182, 183, 185, 280; Standard Module, s 211

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

PROPERTY DAMAGE – whether the applicant’s timber flooring was damaged because the body corporate failed to maintain an external wall in good condition; whether the body corporate must reimburse the applicant’s expenditure on new flooring. Act, s 281; Standard Module, s 180(1).

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

INTERIM ORDER – whether an interim order is warranted. Act, s 279

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

Owners Corporations

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

Building and Property

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

INTERIM ORDER – whether the respondent must remove items from common property which are alleged to breach the scheme’s by-laws until a final determination is made. Act, s 279; Accommodation Module, ss 177, 183.

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

• 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).

GENERAL MEETING MOTION – whether the person chairing the general meeting correctly ruled the applicant’s motion out of order GENERAL MEETING – whether the annual general meeting is void for procedural irregularities Accommodation Module, ss 88, 95, 96, 103 and 211

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

• 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.

GENERAL MEETING – whether technical deficiencies in the general meeting notice had a material or substantial impact that justifies voiding the general meeting and all purported resolutions of the general meeting. Act, s94, 108; Standard Module, ss 87, 88, 91.

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

REASONABLENESS – whether the body corporate’s decision to reject an application to keep pets was unreasonable. Act, ss 94(2), 100(5)

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

IMPROVEMENT TO LOT; BY-LAWS – whether changes to the appearance of a lot breached a by-law or general meeting resolution; whether the changes should be reversed.

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

VALIDITY OF CARETAKING SERVICE CONTRACT- whether option to renew was properly exercised VALIDITY OF GARDENING CONTRACT – where body corporate purported to enter into contract for maintenance of lots DISMISSAL OF APPLICATION- where adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction. Act, ss 149B, 227, 229, 270(1)(b) Accommodation Module s200

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

Scheme dispute - Maintenance of common property

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

BY-LAWS – whether two cameras installed within a lot and capturing common property should be removed because they contravene by-laws regulating nuisance and changes to the external appearance of the lot. Act, ss 94(2), 100(5), 184, 270(1)(c),(3)&(4), 276(1).

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

JURISDICTION – where the application has no named respondent – whether the application falls within section 227(2) of the Act. Act, ss 227, 243A, 276

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

BY-LAWS – whether the respondent breached the by-laws by painting the roof of her lot in a different colour – whether she must repaint the roof. Act, ss 59, 182-188

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

IMPROVEMENT TO COMMON PROPERTY – whether an electric vehicle charging station installed in the common property basement car park is a hazard – whether the decision to install the charging station required a general meeting resolution – whether the installation decision was unreasonable – whether the committee’s decision not to obtain a safety report on the charging station was unreasonable. Act, ss 94, 100, 159; Standard Module, s 186

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

• 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.

GENERAL MEETING MOTIONS – where motions to install a new electric gate on common property were deemed to have passed by ordinary resolution despite proposing expenditure above the “ordinary resolution improvement range”; whether the resolutions should be deemed void. Act, s 106(3)(b); Standard Module, ss 162(2), 186(1)(c).

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

BY-LAW – whether a recording device on common property is in contravention of the by-laws and must be removed. Act, ss 10(2), 59(2)(a), 169(1), 180(1), 180(7), 205; Standard Module, ss 58, 86, 187; Acts Interpretation Act 1954, s 48A(1).

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

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

• 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.

REASONABLENESS – whether the body corporate acted reasonably in passing a motion to enter into new caretaking and letting agreements - whether the committee acted reasonably in proposing the motion to a general meeting of the body corporate. Act, ss 94(2), 100(5); Accommodation Module, s 125.

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

Owners Corporations; Costs

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

ADMINISTRATOR – where Glenhaven Estate has no valid body corporate committee or body corporate manager exercising the powers of the committee and the 2024 annual general meeting is overdue; whether to appoint an administrator to call and conduct an annual general meeting. Act, ss 276(4), 278, 301; Standard Module, ss 7, 9(4), 13(1), 16(4), 38(4), 74(2)(b)-(c).

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

REASONABLENESS of COMMITTEE RESOLUTIONS to refer unpaid contributions to a debt collection agency and charge owner for costs of meeting authorising that. Act, ss 94, 95, 100(5), 150(2), 180(6); Accommodation Module, ss 152, 153, 154, 155, 156

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 — Costs

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

COMPENSATION – where the applicant seeks reimbursement for claimed expenses and lost income – whether the amounts claimed are substantiated – whether there is a legal basis to make the orders – whether orders sought are still relevant or required. Act, ss 239C, 270(1)(e); Standard Module, ss 180, 211

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

INSURANCE – whether the body corporate’s insurance over the common property ought to cover damage caused by flooding. Act, s 280; Small Schemes Module, ss 114, 116.

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.

COMMITTEE EXPENDITURE Standard Module, ss 172-174

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

• 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.

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 94(2), 97, 130; Accommodation Module, Chapter 3, Part 4

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

MAINTENANCE – whether the respondent is required to contribute to maintenance of a boundary wall shared with the applicant. COSTS – whether the respondent is required to pay for the costs of conciliation and adjudication applications. Act, ss 160, 280; Standard Module, s 211.

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

MAINTENANCE; PROPERTY DAMAGE – The applicant says the interior of her lot was damaged because the waterproof membrane on the roof and the external walls were not properly maintained by the body corporate. She asks that the body corporate repairs the membrane, walls, and interior of her lot. Act, ss 270(1)(c), 281; Accommodation Module, ss 50, 60(3), 170(1), 201(3).

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

• 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.

ADMINISTRATOR – whether an administrator should be appointed – who should be appointed, with what powers, and for how long. Act, ss 276, 278, 301

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

Building and Property

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

• 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.

APPLICATION FOR INTERIM ORDER – where the applicant seeks an interim order to prevent an extraordinary general meeting from taking place – whether the interim order should be granted in the circumstances. Standard Module, ss 44, 65, 68, 82, 121

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

GENERAL MEETING MOTION – REASONABLENESS. Act, ss 94(2), 101(2), 276(1)(a); Standard Module, s 184

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

MAINTENANCE – where roofing membrane is on common property allocated under an exclusive use by-law – extent of body corporate’s responsibility for maintenance – liability for damage resulting from failure to maintain roofing membrane RES JUDICATA– where same matter has previously been litigated. Act, s281; Standard Module, ss 180, 187, 192(2) & 192(3)

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

REASONABLENESS; GENERAL MEETING MOTIONS – The body corporate failed to take any action with respect to a privacy screen that was removed from a lot balcony, affecting the privacy and amenity of the applicant’s neighbouring lot. A general meeting motion to reinstate the screen was voted down. The applicants argue the body corporate acted unreasonably, beyond its statutory functions, and it should reinstate the screen. Act, ss 94(1)(a), 94(2); Land Title Act 1994, ss 48C, 49C(4).

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

MAINTENANCE – in building format plan - where body corporate is responsible for major repairs to structural elements of the building ADMINISTRATOR APPOINTED – to perform obligations of the Body Corporate - where appointment is to run until 31 December 2023 unless the term is extended. Act ss 152, 227, 228, 276, 281; 301 Standard Module, s 159.

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

REASONABLENESS – whether the body corporate acted reasonably in passing a motion relating to repairs of the scheme’s roof; ADMINSTRATOR – whether an administrator should be appointed. Act, ss 94, 152, 276, 301; Standard Module, s 180

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

COMMITTEE MOTION – whether motion proposed spending in excess of committee spending limit and was above major spending limit requiring two quotes; REASONABLENESS – whether committee acted reasonably in the circumstances when it decided to engage a particular law firm. Act, s 100(5); Standard Module, ss 172 and 173

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