Decisions table

• The Owners – Strata Plan No 89005 owners corp
• Thomas Stromer lot owner
• Simone Stromer lot owner
• Nathan Stromer lot owner
• Farad Electric Co Pty Ltd builder
• Mondan Management Pty Ltd (in liq) t/as Vic Lilli & Partners party
• Peter Smith Constructions Pty Limited consultant

Paragraphs 20 to 33 of the cross-claim were struck out as defectively pleaded, but the cross-claimant was given a further opportunity to amend the pleading to properly allege negligence by identifying specific actions a reasonable building supervisor would have taken to avoid the relevant risks of harm.

• The Owners – Strata Plan No 95230 owners corp
• Stacey Maister lot owner
• Terry Maister lot owner
• Debby-Lee Maister lot owner

The Appeal Panel stayed Order 7 (ongoing damages for alternative accommodation) pending appeal determination but dismissed the application to stay the work orders for mould remediation and retiling.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from putting a committee resolution and general meeting resolution into effect pending the outcome of a challenge to the validity of the meetings that passed them. Act, ss 119, 279(1), 309; Accommodation Module, ss 46, 47, 63(6)(e)(ii), 72(1), 77(3)(d), 102(4)(c), 130(1), 162, 163(1)(a).

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’S 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.

ACCESS RIGHTS – COMMON PROPERTY – where scheme is a resort with mainly accommodation lots and some commercial lots – where motion passed to restrict access to unallocated parking spaces by a boom gate – where body corporate apparently intends to preference accommodation guests for parking access – there applicant says its business will be affected because its customers will have difficulty accessing parking INTERIM ORDER – whether interim order is warranted. Act, ss 35, 94, 171, 279

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.

• Jessica Hetty Silberstein lot owner
• The Owners – Strata Plan No 55468 owners corp
• Michael Adamo party
• Peter Michael Hans Engelbert party
• William Paul O'Brien party
• Terrence Matthew Gagen party
• Strata choice Pty Ltd manager
• Hecker Australia Pty Ltd contractor

Paragraph 3 of the summons relating to documents concerning the respondents' knowledge of the applicant's husband's disability and health issues was set aside as lacking reasonable particularity and constituting a fishing expedition; Categories 1 and 2 relating to water ingress documents were not pressed by the applicant but the tribunal indicated the terms were too broad and problematic.

APPLICATION FOR INTERIM ORDER – whether the body corporate should be prevented, pending final orders, from holding a general meeting to consider motions to amend the caretaking service contractor’s engagement and amalgamate part of the caretaker’s lot into common property; where the applicants challenge the validity of committee resolutions that resulted in the proposals to be put to the general meeting but do not seek any final orders with respect to the general meeting itself. Act, s 279(1).

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

BREACH OF BY-LAWS / IMPROVEMENTS – where the respondents have installed a security camera on common property without body corporate permission and failed to remove it after being served with a continuing contravention notice – whether the camera should be removed or relocated Act, ss 36, 59, 94, 182; Accommodation Module, ss 170, 177

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

Whether a part of scheme land is common property; whether an owner has a right to use common property to the exclusion of other owners and occupiers; whether the body corporate has acted in accordance with its statutory functions and duties. Act, ss 94, 152; Standard Module, s 187.

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

• Sunaust Properties Pty Ltd party
• The Owners – Strata Plan No 64807 owners corp

The Court dismissed the Owners Corporation's application to transfer proceedings from the Supreme Court to the NSW Civil and Administrative Tribunal, finding that the Court's jurisdiction should be retained due to uncertainty regarding the Tribunal's jurisdictional scope, the substantial quantum of the claim (over $750,000 in unpaid fees plus claims for loss of profits around $3 million), and the estimated hearing time of 8-10 days which exceeded the Tribunal's capacity.

Costs; Owners Corporations

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

GENERAL MEETING PROCEDURES – where the owner of lots who signed a request for a general meeting withdrew agreement to the request - whether the notice requesting the meeting was valid at the time the meeting was called – whether there were other procedural defects with the calling of the meeting – GENERAL MEETING MOTIONS – whether motions included on the agenda were valid. Accommodation Module, ss 74, 77, 82, 83, 98, 101, 125, 127

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

REGULATION MODULE – where the community management statement states that the Accommodation Module applies to this scheme – whether the circumstances that must exist for the Accommodation Module to apply to this scheme actually exist – whether a new community management statement should be recorded stating that the Standard Module applies. Act, ss 21(3); Accommodation Module, s 3, Standard Module s 3

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

Whether interim order preventing resolutions carried at EGM from being implemented is warranted. Validity of EGM; validity of motions purportedly carried at EGM; composition of committee – whether valid; major spending – whether authorised. Act, s 279; Accommodation Module, ss 11(2), 36(2)(c), 40, 72(1), 163

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

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.

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 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.

EXCLUSIVE USE BY-LAW – whether authorised allocations made within the base allocation period – whether the time to lodge a new community management statement recording authorised allocations should be extended. Act, ss 171, 174, 175

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’S 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.

No 3; Building and Property

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

ACN: 130 534 244; Building and Property

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

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing to give permission to allow a visiting dog Act, ss 94(2), 100(5)

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

BY-LAWS – where the applicant claims an occupier has breached various by-laws including by-laws relating to noise, obstruction, parking of vehicles and use of common property - whether the body corporate has failed to enforce the by-laws – whether orders are warranted. Act, ss 94, 100, 182-188

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

• Peter Robert McDonnell lot owner
• Janette Carolyn McDonnell lot owner
• Peter McDonnell Pty Ltd lot owner
• The Owners – Strata Plan No 64191 owners corp

Application to extend time to bring appeal is refused, summons dismissed, and plaintiffs ordered to pay defendant's costs.

APPLICATION FOR INTERIM ORDERS – whether an owner should be prevented from removing trees or erecting a dividing fence prior to final orders; where questions have been posed about the work’s compliance with the by-laws, vegetation and fauna habitat covenants applying to the land, and the architectural and landscape code at schedule D of the community management statement. Act, s 279(1).

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

GENERAL MEETING – where voting papers contained mistakes, irregularities and were said to be misleading – whether to declare the meeting void. COSTS – where the application is dismissed for being frivolous, vexatious, misconceived or without substance – whether to award costs against the applicant. Act, section 270; Accommodation Module, s 80

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

Costs; Building and Property

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.

APPEAL – Interlocutory application

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

• Ross Harold Smith lot owner
• Jennifer Ann Smith lot owner
• The Owners – Strata Plan No. 3004 owners corp

The Smiths' appeal was dismissed; the Magistrate's decision to limit loss of rent damages to three months was upheld as the Smiths failed to mitigate their loss by choosing not to rent the unit while repairs were undertaken, despite there being no safety concerns.

Owners Corporations

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

ORDERS – whether a referee may make orders compelling a respondent to explain its actions to the applicant Act s 75, 77

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

Whether an annual general meeting was held within three months of the end of the scheme’s financial year, whether owners were given proper notice of a general meeting; whether a motion was decided by the correct resolution; whether the application is frivolous, vexatious, misconceived or without substance. Act, ss 104, 270; Standard Module, ss 83, 160, 181, 186.

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 requested records exist – whether records are subject to legal professional privilege – whether the body corporate has failed to comply with its statutory obligation to provide records. Act, s 205

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. Act, s 205

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 failed to comply with its statutory obligation to provide records – COSTS – whether the application is frivolous, vexatious, misconceived or without substance – whether costs should be awarded. Act, s 205, 270(1)(c), 270(3)

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

COMMITTEE RESOLUTION – whether a committee resolution to change the security gate locks from coded locks to security key locks and issue one security key to each lot owner, was a decision on a restricted issue. Act, s 100(1)-(2); Commercial Module, ss 17(1)(a).

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

BY-LAWS – EVIDENCE – where body corporate alleges respondents have contravened various by-laws – whether evidence of alleged contraventions is sufficient. Act, s 269

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

RECORDS – whether the body corporate is required to provide an unredacted copy of the roll Act, s 205; Accommodation Module, s 213

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

Access to body corporate records by owner. Act, ss 94, 205; Accommodation Module, ss 213, 220, 221

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

SECURITY ACCESS DEVICES – where the respondent previously had 7 swipe cards or windscreen stickers – where some devices have been lost or damaged – where the body corporate has a policy of only allowing 4 access devices per lot – whether the committee’s refusal to allow the applicant to purchase more access devices was unreasonable. Act, ss 94(2), 100(5)

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

INTERIM ORDER – whether to grant interim order. Act, s 269

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 269

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

LANDSCAPE AND CONSTRUCTION CODE – where the respondents have constructed a fence on their lot – whether the respondents were required to seek body corporate approval for the fence – whether the fence breaches the Landscape and Construction Code – whether the fence should be removed – whether the respondent should be ordered to pay the conciliation and adjudication application fees to the applicant. Act, ss 24, 31, 66, 94, 227, 228, 280; Standard Module, s 6(b)

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

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing to give permission to keep a dog Act, ss 94(2), 100(5)

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

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing to give permission to keep two dogs Act, ss 94(2), 100(5)

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

CONDUCT OF GENERAL MEETINGS. REQUIREMENTS FOR A NOTICE OF A GENERAL MEETING. REASONABLENESS DISCLOSURE Palm Springs Residences v J Patterson Holdings Pty Ltd [2008] QDC Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 Morat Pharmaceuticals Pty Ltd v Hoft Pty Ltd & Anor [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCA/2014/319.html "View Case")[[2014] QCA 319](/cgi-bin/viewdoc/au/cases/qld/QCA/2014/319.html "View Case")

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

MAINTENANCE UNDER BUILDING FORMAT PLAN; GENERAL MEETING PROCEDURES – whether to reduce the notice period for a general meeting so the body corporate can urgently seek authority to: have propping installed beneath failing footings and floor joists, and engage an engineer in relation to the repairs that are to follow. Act, ss 10(2)(b), 243A; Standard Module, ss 91, 172, 173, 180(1); Land Title Act 1994, s 48C.

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

• Leigh Allsopp lot owner
• The Owners - Strata Plan No 6006 owners corp

Leave to appeal was refused and the appeal was dismissed, with the appellate tribunal finding no error of law or appellable error of fact in the first instance tribunal's decision to dismiss the application for compulsory appointment of a strata managing agent.

ENCROACHMENT – ss 2, 3 and 4 of Encroachment of Buildings Act 1922 (NSW) – characterisation of encroaching owner and adjacent owner – Applicant encroaching owner – relief not available – discretion not exercised – application dismissed

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