Decisions table

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.

Owners Corporations

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

ACCESS TO A LOT – whether the body corporate seeks access to a lot to repair a common property pipe – where access has not been given – whether orders are warranted. Act, s 163

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

MAINTENANCE – whether the body corporate had a duty to maintain a garage door and garage door motor in good condition – whether the body corporate breached those duties by failing to repair or replace the garage door and garage door motor. Act, ss 94(2), 100(5); Accommodation Module, s 170

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

INSURANCE EXCESS – where a water leak in a lot damaged the lot below – where the body corporate determined that the owner of the leaking lot was responsible for the insurance excess – where that owner has not paid the insurance excess – where the owner of the damaged lot is unable to proceed with repairs until the amount of the excess is paid - whether the body corporate should pay the excess. Act, ss 94(2), 100(5); Accommodation Module, ss 193

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

COMMUNITY MANAGEMENT STATEMENT; EXCLUSIVE USE BY-LAW – where the body corporate recorded a community management statement that allocated areas of common property for the exclusive use of two lots without the authorisation of the body corporate; whether a new community management statement should be recorded that removes that allocation. Act, s 62.

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

BY-LAWS – where by-law requires written approval to keep a dog – where occupier has a dog which has not been approved – whether to make order requiring the respondent to remove the dog COSTS – where preceding conciliation application was ended because the respondent did not make a reasonable attempt to participate – where body corporate seeks order that the respondent pay its costs of that application – whether to make costs order Act, ss 59, 280

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 lot owner

The appeal by the Owners Corporation against the Tribunal's decision declaring Special By-Law 17 invalid as harsh, unconscionable or oppressive was dismissed.

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.

INTERIM ORDERS – whether interim orders are warranted in view of the alleged breaches of the by-laws and the Act. Act, ss 167, 185, 186 and 279

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

CONSENT ORDER – whether an order should be made by consent. Act, ss 270(1)(b), 276(5)

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

CONSENT ORDER –whether an order should be made by consent . Act, ss 270(1)(b), 276(5)

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.

COMMITTEE PROCEDURES – whether committee members had a conflict of interest – whether a motion they voted on passed – whether they breached the code of conduct – whether they should be removed from office – GENERAL MEETING MOTION – whether a motion to remove and replace a committee member was void - COSTS – whether the application is vexatious or without substance – whether costs should be awarded. Act, ss 101B, 270, Schedule 1A; Accommodation Module, s 58

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

DISPUTE – whether a dispute exist for adjudication. Act, s 276

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

MAINTENANCE – where the applicant wants the body corporate to undertake repairs – whether the body corporate is responsible for the work – whether orders are warranted. Act, s 163; Accommodation Module, ss 170, 201

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

BREACH OF BY-LAWS – where the scheme’s by-laws require any approved works to be completed within 12 months of commencement – where the respondents have not completed certain landscaping tasks and 12 months has elapsed since commencement of their build – whether the respondents are in breach of the scheme’s by-laws and deed of covenant Act, s 59; Standard Module, s 6

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

LOT IMPROVEMENT – where the applicant wants to enclose part of the the balcony on their lot – where the body corporate sought more information – whether body corporate is required or should be given. Act, ss 94(2), 100(5); Standard Module, s 187

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

COMMON PROPERTY – whether an owner has made an improvement to common property; whether the Body Corporate has authorised the improvement; whether common property has been disposed of; BY-LAWS – whether the respondents have breached by-laws COSTS – whether the applicants should be refunded application fees for conciliation and adjudication. Act, ss 59, 62, 94(1)(b), 170-177, 182, 183, 185(2), 269, 271, 280, Schedule 1A 2(2), 6; Standard Module, s 180, 187.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate breached its maintenance obligations because lot balconies leaked, notwithstanding that the balconies may have been constructed without waterproof membranes; whether the body corporate must fix the balconies, including by installing waterproof membranes and retiling; whether the body corporate must reimburse money spent by owners attempting to rectify the balconies. PROPERTY DAMAGE – whether the body corporate must repair the damage to a lot caused by the leaking balconies. JURISDICTION – whether it is beyond the jurisdiction of an adjudicator to determine the liability of a body corporate for losses beyond those contemplated by section 281 of the Act. Act, ss 20, 94(2), 100(5), 276(1)(a)-(b), 280, 281; Standard Module, ss 180(2)&(5), 201(5), 211(3); Land Titles Act 1994, ss 48C & 49C(4).

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

SPENDING – where motion raised the relevant limit for major spending – whether unlawful or unreasonable MOTION – whether motion to was sufficiently informative BY-LAWS – where by-law prohibits certain conduct – where motion passed to allow the conduct – whether motion can be passed to permit non-compliance with or non-enforcement of by-law – where by-law requires body corporate approval for certain things – where motion passed giving blanket approval – whether blanket approval in a resolution constitutes written body corporate approval BODY CORPORATE RECORDS – where motion passed requiring committee member to hand over records to other owners who are committee members – whether lot owners who are not natural persons may hold body corporate records . Act, ss 94(1), 94(2); Standard Module, s 173

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

MAINTENANCE OBLIGATIONS OF OWNERS AND BODY CORPORATE - OBLIGATION OF THE BODY CORPORATE TO MAINTAIN COMMON PROPERTY IN GOOD CONDITION - OBLIGATION OF THE BODY CORPORATE TO MAINTAIN ROOFING STRUCTURES PROVIDING PROTECTION INCLUDING ROOFING STRUCTURES THAT ARE NOT COMMON PROPERTY Act, ss 94, 276; Accommodation Module, s 170

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

COMMON PROPERTY – RESOLUTION WITHOUT DISSENT – REASONABLENESS – where an earlier adjudicator’s decision found that a lot’s renovations resulted in the movement of an external boundary wall into common property which effectively amalgamated common property into the lot – where there was no body corporate decision approving a disposition and transfer of title of common property to the lot – where the earlier adjudicator ordered the owner to reinstate the lot wall unless a resolution without dissent was passed to allow the amalgamation of the common property into the lot – where the motion requiring the resolution without dissent failed to pass – whether opposition to the motion was unreasonable such that it can be deemed to have passed without dissent. Act, ss 94(2), 276(1)(b), Schedule 5, Item 10.

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