Decisions table

BY-LAW CONTRAVENTION- PARKING ON COMMON PROPERTY WITHOUT AUTHORISATION BY THE BODY CORPORATE Act, ss 182 to 188, 276

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 must replace waterproof membranes in a courtyard and planter box within a lot. Act, ss 20, 228, 276(1); Accommodation Module, ss 152(2), 170.

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

REASONABLENESS – COMMITTEE DECISION – where lot owner applied for approval to keep two dogs – where by-law required approval – where committee declined application largely on the basis that the scheme is unfenced – where by-laws already required animals to be kept within the lot – whether committee decision was unreasonable. Act, s 100(5)

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

Whether a general meeting motion is invalid; whether the body corporate should reimburse the applicants the fees paid for making dispute resolution applications. Act, ss 20, 94, 276, 280; Standard Module, ss 180, 211.

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

Whether the body corporate has a duty to install fixates and fittings on a lot; whether the body corporate must reimburse the applicants for fees paid for dispute resolution applications. Act, ss 94, 152, 280.

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

Constitutional law — Judicial power — Federal jurisdiction — Whether tribunal had jurisdiction to hear and determine complaint — Building Services (Complaint Resolution Administration) Act 2011 (WA) — Building remedy order — Claim that proceeding is in federal jurisdiction — Whether the claim or defence is genuinely raised — Whether claim or defence not incapable on its face of legal argument — How tribunal forms opinion as to whether claim is not incapable on its face of legal argument — Incorporation under Corporations Act insufficient to bring proceedings within federal jurisdiction — Whether claim as to federal jurisdiction not incapable of legal argument notwithstanding decision of intermediate court of appeal rejecting similar claim — Commonwealth Constitution ss 75, 76, 77.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN; PROPERTY DAMAGE; INSURANCE – whether lot owner was responsible for the maintenance of a flexi hose in their bathroom; whether the excess payable under the body corporate’s policy of insurance imposes an unreasonable burden upon the applicants. Act, s 20; Accommodation Module, ss 193, 201. Land Title Act 1994, s 48C.

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

• Sunaust Properties Pty Ltd contractor
• The Owners Strata Plan no 64807 owners corp

The Respondent is to pay the Appellant's costs of the appeal and first instance proceedings on the ordinary basis, and the first instance costs order made on 28 March 2022 is set aside, but indemnity costs are declined and previous interlocutory costs orders are not vacated.

COMMITTEE – REASONABLENESS OF DECISION– whether a committee decision to refuse an application for an external awning and shutters was unreasonable. Act, ss 94(2), 100(5). Beaches Surfers Paradise v. Backshall [[2016] QCATA 177](/cgi-bin/viewdoc/au/cases/qld/QCATA/2016/177.html "View Case") Albrecht v Ainsworth & Ors [[2015] QCA 220](/cgi-bin/viewdoc/au/cases/qld/QCA/2015/220.html "View Case") Ainsworth & Ors v Albrecht & Anor [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case") Gold Coast Apartments v Price [[2017] QCATA 99](/cgi-bin/viewdoc/au/cases/qld/QCATA/2017/99.html "View Case")

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

GENERAL MEETING MOTION – where a motion to record a new community management statement to change contribution schedule lot entitlements failed to achieve a resolution without dissent – whether the dissenting voter’s opposition was unreasonable in the circumstances -whether an adjudicator can make the order sought. Act, ss 47A, Schedule 5, item 10

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

MAINTENANCE; PROPERTY DAMAGE – whether an owner is responsible for the maintenance of their leaking shower waste pipe, which is set into the slab separating their lot from the lot below, or for the property damage and lost rent it has caused to the owner of the lot below; whether the owner must repair their hot water system. Act, ss 20, 281; Standard Module, ss 180, 211.

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

COMMITTEE ELECTION – whether the applicant was eligible to be a voting member of the committee at the time of the annual general meeting – whether the applicant nominated himself or was nominated. Standard Module, ss 10(2)(d), 38, 163

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. COMPENSATION – where Mr Grace claims water ingress caused damage to his property due to a body corporate maintenance failure – whether the body corporate is liable for Mr Grace’s claimed damage and temporary accommodation costs – whether the body corporate failed to act reasonably in not carrying motions to compensate applicant. Act, ss 94(2), 152, 281; Standard Module, ss 180, 211

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

NOISE BY-LAW – whether the respondent has generated noise in his lot in breach of the scheme’s noise by-law Act, ss 59, 182-184

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

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from acting upon all general meeting resolutions pending final orders because it gave insufficient notice of the extraordinary general meeting or because of issues with voting forms – whether the body corporate should be prevented from acting on specific resolutions pending final orders because those specific motions did not comply with statutory requirements. Act, s 279(1); Accommodation Module, ss 79, 95, 125, 147, 174 and 176.

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

VOTING AT GENERAL MEETINGS WHERE VOTING PAPER SIGNED UNDER AN ENDURING POWER OF ATTORNEY WHERE PROXY GIVEN BY LOT OWNER TO EXERCISE THEIR VOTE Act, ss 103, 276; Standard Module, ss 129, 130 s 48A Acts Interpretation Act 1954

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

BY-LAWS – where the applicant alleges the respondent and an occupier of the lot are parking vehicles in the visitor car space – whether the respondent is in breach of the by-laws – whether owner of second vehicle is an occupier and parking in breach of the by-law – whether orders are warranted. Act, ss 59, 94; Accommodation Module, ss 182-188

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

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

The appeal was dismissed and leave to appeal refused; the Tribunal's orders for removal of structures installed by the lot owner on common property without proper authorisation were upheld.

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.

PAYMENT – where lot owner alleges contribution notices were issued late and caused him to miss out on early payment discounts – where owner paid the full amounts and now claims reimbursement for the discount portion - whether order can be made to refund monies already paid. Act, s 94

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

RETURN OF BODY CORPORATE PROPERTY – whether the former body corporate manager has returned all the body corporate’s electronic records and/or returned them in an acceptable format in accordance with the legislative requirements Small Scheme Module, s 149

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.

MAINTENANCE – where owners have exclusive use of common property - where maintenance work to the exclusive use areas has been required by the body corporate’s insurer – whether the lot owners or the body corporate is responsible for the work. Standard Module, s 192

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

COSTS – misguided appeal with no prospects of success – plaintiff failure to comply with orders regarding service of evidence – incomprehensible affidavits – appeal commenced against multiple named defendants who were not relevant to the appeal – court’s time wasted

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

IMPLEMENTATION OF MOTION – where the body corporate resolved to engage a body corporate manager – where the committee did not implement the resolution – where the body corporate subsequently revoked the resolution – whether the body corporate must give effect to the original motion. Act, ss 101(2), 101B; Accommodation Module, ss 106, 163

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

Whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279.

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

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.

CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under the Home Building Act 1989 (NSW) s18B CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under Design and Building Practitioners Act 2020 (NSW) — opportunity to replead

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

Whether the respondent is liable for costs incurred by the body corporate. Act, ss 94, 163, 281.

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

BODY CORPORATE DEBT – where the applicant agreed to indemnify the body corporate for costs relating to works on its lot – where the body corporate invoiced the applicant for legal costs it incurred – whether the costs were covered by the indemnity – whether the costs constituted a body corporate debt – whether the committee decision to invoice the applicant was reasonable – whether an adjudicator has jurisdiction to determine the dispute. Act, ss 94(2), 100(5), 229A, 270(1)(c), 276

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

BUILDING FORMAT PLAN MAINTENANCE – whether the body corporate must repair the roof. PROPERTY DAMAGE – whether the body corporate must repair an owner’s ceiling because it was damaged by leaks from the roof, because it is a fire-rated ceiling and the plaster joints have cracked, or because it was damaged by trapped steam due to the failure of an exhaust fan that is part of a building-wide system. Act, ss 20, 101(2), 163, 281; Accommodation Module, ss 170(1), 201(3); Land Title Act 1994, s 48C.

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

• The Owners – Strata Plan No 92183 owners corp
• Samdora Pty Ltd builder
• 3173 Pty Ltd developer
• MS Noun Construction Pty Ltd contractor
• Ghassan Nassif party
• Elie Chahwan party
• Omar Noun party

The court dismissed the second defendant's application for summary dismissal, finding that the settlement agreement did not incorporate the terms of the draft Deed of Settlement and the plaintiff's claims could proceed to trial.

Whether the body corporate acted reasonably in making a decision. Act, s 94.

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

APPEAL – Unit Titles – Civil Dispute – leave for further evidence – consideration for tribunal at appeal stage – alleged bias by the Original Tribunal – whether relief could be granted against the owners corporation in relation to issues regarding strata manager where action against strata manager settled and discontinued – whether the appellants were forced to pay unreasonable, unnecessary, or improperly approved plumbing, fencing and tree removal costs – whether the owners corporation properly undertook work on behalf of particular unit owners – whether the owners corporation through its executive committee bullied and harassed appellants in relation to their installation of security cameras – whether conduct alleged gave rise to cause of action under Civil Law (Wrongs) Act 2002 or Unit Titles Management Act 2011 – application of the Common Boundaries Act 1981 to fence separating common property from individual unit – whether Original Tribunal erred is refusing request to provide general interpretation of law – power of tribunal to extend the Statute of Limitations – no error of fact, law or discretion established. Legislation cited: ACT Civil and Administrative Tribunal Act 2008, ss 23, 79 Unit Titles Management Act 2011 ss 24, 25, 29, 30, 117, 119 Unit Titles Act 2001 Common Boundaries Act 1981 Limitation Act 1985 s 11 Civil Law (Wrongs) Act 2002 Subordinate Legislation cited: ACT Civil and Administrative Tribunal Procedure Rules 2020 r 91

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

Carport - Common property - Damage to common property - Written notice requirements for an alleged contravention of scheme by-laws - Enforcement of scheme by-laws - Removal of carports from common property - General duty of strata company to control and manage the common property for the benefit of all the owners - Claim for compensation - 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.

REAL PROPERTY – STRATA MANAGEMENT – changes to common property – levies – Strata Schemes Management Act 2015 (NSW) ss 24, 106, 108, 232 COSTS – nature of relief requires special circumstances – no special circumstances - Civil and Administrative Tribunal Act 2013 (NSW) s 60, Civil and Administrative Tribunal Rules 2014 (NSW) r 38

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

CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Frivolous or vexatious proceedings – Whether proceedings constituted collateral attack on prior judicial decision

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

• The Owners – Strata Plan No 2341 owners corp
• P & M Sachs Pty Ltd party

The respondent's application for costs of the appeal was dismissed as the Appeal Panel found there were no special circumstances warranting an award of costs against the self-represented appellant.

INTERIM ORDER – where requested interim orders are mandatory injunctions which impose a burden on the respondent and go beyond maintaining the status quo – whether interim order is warranted. Act, s 279

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

UTILITY INFRASTRUCTURE – whether the body corporate is responsible for the maintenance and operating costs of smoke exhaust fans on common property. Act, ss 20, 94(1)(a); Accommodation Module, ss 150, 152, 170, 177, 182(2).

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. REFEREE POWERS – whether Referee 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, s279.

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

REASONABLENESS – where the applicants’ request to install a small lock box on common property was refused by the committee – whether the committee acted unreasonably in refusing the request Act, ss 94(2), 100(5); Accommodation Module, s177

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

MAINTENANCE – obligation of body corporate to maintain windows and associated fittings in boundary walls, roofing membranes and roofing structures in scheme created under a building format plan of subdivision. Act, s 152(1); Standard Module, s 180

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

REASONABLENESS – whether body corporate’s refusal to approve occupier’s painting of exterior of lot in breach of by-laws was reasonable in the circumstances. Act, s 94; Standard Module, s 180

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

• The Owners-Strata Plan No 93227 owners corp
• In Style Developments Pty Ltd developer
• Arden CH (NSW) Pty Ltd developer

The Tribunal made work orders against both respondents requiring them to perform rectification works identified in the Scott Schedule and Building Work Rectification Order by 30 July 2023, with the application otherwise dismissed and costs to be determined separately.

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.

MAINTENANCE UNDER BUILDING FORMAT PLAN; PROPERTY DAMAGE; INSURANCE – whether lot owner was responsible for the maintenance of a flexi hose in their bathroom; whether the excess payable under the body corporate’s policy of insurance imposes an unreasonable burden upon the applicants. Act, s 20; Accommodation Module, ss 193, 201. Land Title Act 1994, s 48C.

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

MAINTENANCE – whether the body corporate is required to retile and install a waterproof membrane on a leaking balcony of a lot under a building format plan of subdivision. Standard Module, ss 180, 211(3).

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

EXCLUSIVE USE – Parking of vehicle on common property – where common property parking space let on a yearly basis – whether a grant of exclusive use required - general right of lot owners to use common property. Act ss 35, 94, 170 to 177. Standard Module ss 106, 184.

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