Decisions table

Motion to enter into new caretaking service contract – whether ruled out of order incorrectly; whether resolved; whether interim order should be granted to prevent entry into alternative caretaking service contract in the interim. Act, s 279; Accommodation Module, ss 88, 163

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

AGM RESOLUTIONS – whether several motions proposing expenditure on the engagement of various parties to perform work were invalid because they did not pass by special resoluton and did not offer members at least two tenders for the work. Act, ss 138, 151(1)(a), 158A, 163.

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

• Owners Corporation PS623721 owners corp
• Shangri-La Construction Pty Ltd (in liquidation) builder

The builder was ordered to pay the owners corporation 746,000 dollars in defect damages, with further awards to other lot-owner applicants.

Building and Property; Insurance

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

IMPROVEMENT TO A LOT – where the by-laws require body corporate approval for some alterations to a lot – where a request for approval was refused – whether the body corporate acted reasonably. Act, s 94(2)

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

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

CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WHETHER CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WERE ABLE TO BE ADJUSTED BY RESOLUTION WITHOUT DISSENT IN 2007

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

CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WHETHER CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WERE ABLE TO BE ADJUSTED BY RESOLUTION WITHOUT DISSENT IN 2007

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

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

The appeal against the Primary Decision was dismissed due to failure to file within time and no extension of time granted; the appeal against the Costs Decision was dismissed as leave to appeal was refused.

IMPROVEMENT TO LOT – where the respondents wish to remove two internal kitchen walls from their lot, a by-law requires body corporate approval for structural alterations, and the body corporate has not approved the alteration; whether the respondents should be prevented from removing the walls until a determination is made as to whether body corporate approval is required because the walls are loadbearing. Act, s 279(1).

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

BY-LAW ENFORCEMENT – whether respondent lot owner breached by-laws by failing to get written approval to install an outdoor blind – whether body corporate acted reasonably in requiring removal of the unauthorised outdoor blind where blind does not meet certain colour specifications. Act, ss 94(2), 100(5)

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

APPLICATION FOR INTERIM ORDER – where motions relating to significant repairs to be undertaken at the scheme were considered at a recent extraordinary general meeting and passed – where the applicant was unable to vote on the motions and wants the resolutions set aside – whether there are urgent circumstances to warrant granting an interim order in this case Act, ss 152, 279; Standard Module, ss 162, 173, 180

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.

BODY CORPORATE RECORDS – whether a lot owner has been, or should be, provided with copies of body corporate records as requested. Act, s 205; Standard Module, s 232.

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

GENERAL MEETING MOTIONS – where the body corporate purported to pass general meeting motions, particularly to record new by-laws – where a new community management statement was recorded including amended by-laws – whether the motions are valid – whether the new by-laws are valid. Act, ss 94, 100, 169, 180

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

ACOUSTICS BY-LAW – whether a by-law restricting hard flooring from being installed directly above a bedroom or requiring an LnTw of 52 or less is discriminatory, oppressive or unreasonable in breach of the Act RESONABLENESS – whether the committee’s decision to reject the hard flooring application was unreasonable Act, ss 62, 94, 169, 180

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

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

• Charles Cuthbert contractor
• The Owners - Strata Plan No. 34194 owners corp

The appeal was dismissed and leave to appeal was refused; the Owners' entitlement to recover $23,866.50 from the Contractor for rectification and completion of defective painting works was upheld.

• Parkview Constructions Pty Ltd builder
• The Owners – Strata Plan No 90018 owners corp
• The Quay Haymarket Pty Ltd developer

The appeal by the builder and developer against the primary judge's decision to allow the owners corporation to amend its statement to include three new alleged defects was dismissed, with the court holding that claims for breach of statutory warranties constitute a single cause of action for breach of contract rather than separate causes of action for each defect.

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.

Validity of committee resolutions, where application not made within 3 months of some committee resolutions being made – whether there is good reason to waive non-compliance with section 242; whether an invoiced amount constitutes a body corporate debt; whether there is jurisdiction to determine whether the amount can be invoiced to an owner; whether the invoiced amount should be removed from the accounts. Act, ss 150,162, 228(1)(b), 242, 274(1), 276; Accommodation Module, ss 37(2), 49(3)(a), 63(1)(a), 153(2), 156(1).

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

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. ADJUDICATOR POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s 279.

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

BODY CORPORATE PROPERTY – whether to order return of body corporate property by former body corporate manager Standard Module, s 235

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.

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

The Owners Corporation's Notice of Motion to reject or vary the referee's report was dismissed; the referee's finding that the C-Bracket Solution was the proper rectification methodology for defective sunshades was upheld.

CHANGE OF FINANCIAL YEAR – application to change the financial year end date of the Body Corporate Act, s 283

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

• Michael Lehner lot owner
• The Owners – Strata Plan No 65870 owners corp

The appeal against a costs order was dismissed; the Tribunal properly exercised its discretion in awarding costs to the respondent where the appellant withdrew his application late in the hearing after a fatal flaw in his case was exposed.

• Hany Salib lot owner
• The Owners – Strata Plan No 20851 owners corp

The Tribunal found the owners corporation breached its duty to maintain common property but dismissed the applicant's claim for $53,770.00 in damages as the applicant failed to satisfy the Tribunal that he suffered any damage arising from the breach, and declined to make a work order due to insufficient evidence of a detailed scope of works.

• Robyn Szeto lot owner
• Kevin Brinsmead lot owner
• The Owners - Strata Plan No 1418 owners corp

The appeal was dismissed and the owners of lot 3 were ordered to pay the costs of the owners corporation on the ordinary basis, with the tribunal finding the owners failed to establish that loss of rent was reasonably foreseeable loss caused by the owners corporation's breach of statutory duty to maintain common property.

Strata titles - Scheme dispute - Scheme participants - Resolution of a scheme dispute - Retirement village scheme - Notice requirements for general meetings - Requirements for convening an extraordinary general meeting - Termination of strata management contract - Show cause notice - Validity of resolutions - Voting procedures - Appointment of administrator - Declaratory relief

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

RECORDS – where the applicant seeks body corporate records –whether the body corporate has failed to comply with its statutory obligation to provide records – whether body corporate has acted reasonably. Act, ss 94(2), 100(5), 205

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency. Act, s 243A; Accommodation Module, s 162(1)(c)

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations- obligation of body corporate to maintain INTERIM ORDERS - whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies interim relief. Act ss 152, 227, 228, 276, 281; Accommodation Module\_,\_ s 170. Seiwa Pty Ltd v The Owners Strata Plan 35042 [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case")[[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")[[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case") Klinger & Anor v Body Corporate for Costa D’Ora [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")[[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case") Ocean Resort Village [[2020] QBCCMCmr 579](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2020/579.html "View Case")

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

MAINTENANCE – where the body corporate did not pass a motion to undertake roofing works – where the body corporate has not otherwise repaired or replaced the roofs – whether the work is required - whether the motion should be deemed passed. Standard Module, s 180

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

Change of body corporate’s financial year. Act, ss 276, 283.

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

ANIMAL BY-LAW – whether a by-law requiring animals to be carried across areas of the common property inside the scheme’s building is oppressive or unreasonable Act, ss 62, 94, 169, 180(7)

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

GENERAL MEETING – AGM PROCEDURES – Whether a general meeting is invalid; Whether it is just and equitable in the circumstances to invalidate the election of the committee. Act, ss 99, 276. Body Corporate and Community Management (Standard Module) Regulation 2008 ss 88 - 91

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

MAINTENANCE – where the body corporate says the respondents have failed to remedy fire safety defects – whether orders for work to be undertaken and to meet associated costs are warranted. Act, ss 163, 167; Accommodation Module, ss 201, 202

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

Responsibility for rectification of damage to lot caused by water ingress. Act, ss 280, 281, 284; Standard Module, ss 180, 211

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

• Suzanne Lyon lot owner
• The Owners – Strata Plan No 11045 owners corp
• Ben Swanson lot owner

The Owners Corporation was ordered to take all necessary steps to require the owner of Lot 31 to comply with Special By-law 14 by reducing the pergola height to 2.7 metres within 6 months, and to clean the common property wall above the pergola within 2 months.

Carport - Breach of by-laws, Garbage, Common property - Written notice requirements for an alleged contravention of scheme by-laws - Enforcement of scheme by-laws - Removal of garbage from part of lot - Resolution of scheme dispute - Tribunal proceedings - Discretion of Tribunal to make orders - Turns on own facts

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

Whether the body corporate has a duty to maintain property; whether the body corporate has complied with a statutory maintenance duty. Act, s 152; Standard Module, ss 180, 211.

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

BY-LAWS – whether body corporate failing to take action reasonbly necessary to enforce the by-laws– whether the body corporate should enforce by-laws relating to parking on common property. IMPROVEMENTS – where body corporate proposes to authorise installation of new bin enclosure on common property GENERAL MEETING PROCEDURES – whether motion submitted to a general meeting is void; whether the resolution passed on the motion is void. Act\_, ss 94(2), 183\_; Commercial Module, s133

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

BODY CORPORATE PROPERTY – whether to order return of body corporate property by former body corporate manager Standard Module, s 235

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

UTILITY INFRASTRUCTURE / IMPROVEMENTS – where the respondent has carried out improvements to a drain, downpipes and fences on his lot – whether the body corporate should be permitted to enter the lot to inspect the work and rectify any defects if identified OTHER IMPROVEMENTS – where the respondent has made improvements to a pergola on his lot – whether the respondent should provide a copy of the building certification and make an application to the body corporate for approval of the pergola REIMBURSEMENT – whether the respondent should reimburse the body corporate the $210.51 it paid to him as part of a conciliation agreement Act, ss 20, 59, 163, 166; Standard Module, ss 180, 211

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

UNIT TITLES – use of common property – new electricity and water pipes – whether pipes were approved – whether approval could validly have been granted – effect of owners being told the work could proceed – whether minor – whether pipes will unreasonably interfere with the reasonable use and enjoyment of common property by members – remedies Legislation cited: Legislation Act 2001 ss 126, 132 Unit Titles (Management) Act 2011 ss 20, 23, 112A, 125, 129, sch 2 s 2, sch 3 s 3, Dictionary Unit Titles Act 2001 Dictionary List of Texts/Papers cited: Macquarie Dictionary Online (2023)

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

• The Owners – Strata Plan No. 54545 owners corp
• Nigel Hudson lot owner
• Patricia Stokes lot owner

The Appeal Panel refused leave to appeal and dismissed the appeal, upholding the Tribunal's decision that each party pay its own costs of the proceedings under section 60 of the NCAT Act.

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

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

INTERIM ORDER – where the body corporate has sought final orders regarding the conduct of the respondent, including alleged by-law breaches and nuisance – where urgent circumstances are alleged – where further investigations are required - whether an interim order is appropriate pending the final determination of the dispute. Act, s 279

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