Decisions table

Owners Corporations

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

MAINTENANCE – whether the body corporate or the owner of the lot is responsible for maintaining a pergola attached to the building. Act, ss 152(1)(a) and 160; Accommodation Module, ss 201 and 170 Registrar of Titles Directions for Registration of Plans, Direction 9.6. Land Title Act 1994 s 10

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

• Timothy John Chalmers lot owner
• Shellie Ann Tancred lot owner
• The Owners – Strata Plan No. 19378 owners corp

The respondent's application for costs following settlement of proceedings concerning water ingress repairs was dismissed, with the Tribunal finding it inappropriate to conduct a detailed factual enquiry into the parties' conduct where proceedings had settled without determination on the merits.

BY-LAWS – whether the respondent has been parking in contravention of the by-laws – whether the respondent is an occupier or visitor. Act, ss 182-188

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

ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – whether to grant approval for the annual general meeting to be held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

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

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") BUGT Act ss 73, 76, 77

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

• GS & CS Holdings Pty Ltd lot owner
• The Owners – Strata Plan No. 63227 owners corp

The Appeal Panel dismissed the respondent's application for costs following dismissal of the appellant's appeal against a Tribunal decision refusing to prescribe a by-law concerning rooftop enclosures, finding no special circumstances warranted a costs order.

BY-LAWS – whether the respondent has been parking in contravention of the by-laws – whether the respondent is an occupier or visitor. Act, ss 182-188

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

ANNUAL GENERAL MEETING to be held outside of legislative time period. Act, s 104; Accommodation Module, ss 72(1), 73

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

BY-LAWS – whether by-law that requires hard floors to achieve an acoustic weighted standardised impact sound pressure level lower than that specified in the Building Code of Australia for residential apartment buildings is invalid. Act, ss 62, 94(2), 169, 180(5), 180(7).

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

GENERAL MEETING MOTION – where the body corporate resolved to replace shade sails on the exterior of the building – whether the motion was invalid. Act, s 94; Standard Module, ss 180, 187, 192, 211

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

ADMINISTRATOR – whether 2 lot scheme has been run informally and non-compliantly for many years – where lot owner seeks appointment of administrator for indefinite period with all the powers of the body corporate – where other owners consent but say appointing an administrator solely to call an AGM will likely resolve all the non-compliance issues – whether to appoint administrator with broad or narrow powers. Act, ss 278, 301

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

AGM PROCEDURES – whether owners were given sufficient notice of an annual general meeting; whether the AGM should be declared void because postal notice was given late and there may have been insufficient time to return secret ballot papers. Act, s 106(3)(a)(ii); Accommodation Module, ss 77(3)(d), 79, 81, 99-101, 125(2)(b); Acts Interpretation Act 1954, s 38(1).

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from denying the applicant a vote, or pursuing further recovery action, until a dispute can be resolved about the applicant’s liability for an excess payment on a claim against the body corporate’s insurance. Act, ss 229A(3), 279; Standard Module, ss 64, 67, 102(2), 203.

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

BY-LAW – whether a by-law purporting to require approval for work on a lot is valid – COMMITTEE DECISION – whether the committee failed to act reasonably in not approving components of a patio on a lot. Act, ss 94, 100, 169

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 common property 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")

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

COMMITTEE RESOLUTION – whether the committee acted unreasonably when voting down a motion to require dual authentication to operate the CCTV system on common property; whether the motion should be given effect. Act, ss 100(5), 270(1)(c).

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 279

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

BY-LAWS – whether the respondent has breached the parking by-law by parking on common property including visitor carparks. Act, ss 94, 182 to 188, 276

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

• Adam Emery Kaye lot owner
• Bella Rebecca Kaye lot owner
• Robert George Kaye lot owner
• The Owners – Strata Plan No 4350 owners corp

The Appeal Panel found special circumstances warranting costs and ordered the appellants to pay the respondent's costs of the appeal as agreed or as assessed.

BODY CORPORATE PROPERTY – whether the respondents must comply with a request to return body corporate property – BODY CORPORATE MANAGER – whether the respondents are engaged as body corporate manager. Act, ss 14, 94, 100, 101, 119, 149B, 227, 229, 270 Standard Module, ss 71-73, 116, 133-142, 235

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.

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

The appeal was upheld and orders terminating the Caretaker's Agreement were set aside because clause 5(7) of schedule 4 of the NCAT Act precluded the Tribunal from having jurisdiction to determine issues that were the subject of pending Supreme Court proceedings.

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Limited builder
• Madarina Pty Limited developer

Application to dismiss proceedings against the developer defendant refused and plaintiff granted leave to file amended pleading to pursue claim that the developer carried out construction work in breach of statutory duties under the Design and Building Practitioners Act 2020.

• Diana Macleod lot owner
• The Owners – Strata Plan No 6544 owners corp

The applicant was ordered to pay 60% of the respondent's costs of the proceeding on the ordinary basis, as agreed or assessed, due to special circumstances including the applicant's failure to clearly identify the grounds for the application and failure to serve evidence in accordance with directions.

• The Owners Strata Plan No 79633 owners corp
• Violeta Graorovska lot owner

The Appeal Panel ordered the Owners Corporation to pay the costs of Violeta Graorovska in the appeal proceedings on the ordinary basis, finding special circumstances existed because the appeal grounds were manifestly weak and lacked substance.

• Mark Dent lot owner
• Heather Heckenberg lot owner
• The Owners – Strata Plan No. 69595 owners corp

The Tribunal dismissed the applicants' claims for reimbursement of $10,186 for regrouting tiles and for a work order to prevent water ponding, and ordered each party to bear their own costs.

IMPROVEMENT TO COMMON PROPERTY – where two lot owners have installed fences on an area of common property between their lots – where the body corporate has purported to approve the fences – whether the fences amount to a disposition of common property. Standard Module, ss 170, 184, 187

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

Whether the body corporate enforced its by-laws under the Act; whether the respondents have contravened a by-law; whether the body corporate has acted reasonably. Act, ss 94, 100, 182.

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.

EXCLUSIVE USE – where the original owner purported to grant exclusive use over a garden area – whether the exclusive use was not recorded in the community management statement - where the committee purported to record a statement to give effect to the exclusive use – whether the statement is invalid. Act, ss 62, 65, 171

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

• The Owners – Strata Plan No 89044 owners corp
• Dreizi Constructions Pty Ltd builder

Consent orders were entered requiring the builder to undertake rectification works, with each party to bear its own costs on the basis that both parties acted reasonably and the matter was settled through compromise rather than capitulation.

• Joanne Constantinou lot owner
• Stanley Stephen Dipsellas lot owner
• The Owners – Strata Plan No 20736 owners corp

The Lessor's application for costs in both proceedings was dismissed and no order as to costs was made, with each party to bear their own costs.

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.

LAND LAW - Strata title - Whether proposed by-law unreasonably refused

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

• The Owners - Strata Plan No 31284 owners corp
• Alfesani Mustafa lot owner
• Richard Young party
• Jorge Gallo party

The Tribunal dismissed the applicant's costs application, finding no special circumstances warranting a departure from the general rule that each party bears its own costs.

EMERGENCY EXPENDITURE – whether the body corporate should be permitted to exceed the relevant limit for committee spending without the authority of a general meeting resolution so it may replace the scheme’s hot water system; whether more frequent leaks and the risk of significant failure constitute emergency circumstances. Act, s 243A; Accommodation Module, ss 162, 163.

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

COMMITTEE – ELECTION – TIED BALLOT – where votes for last committee ordinary member position were tied between two candidates – where meeting decided to determine the result by a coin toss – where first coin toss was disputed and two more tosses were conducted to decide the outcome by best of three – where the applicant won first coin toss but lost the next two – where the other candidate was declared the winner – where there was no clear meeting decision whether to conduct only one or three tosses – where applicant seeks order to overturn the declared result\_‑\_ – whether result was decided in the way the meeting decided – whether just and equitable to make requested order Standard Module, s 39

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

• Penelope Louise Hill lot owner
• The Owners - Strata Plan No 16519 owners corp

The appeal against the Tribunal's decisions of 21 December 2021 and 14 March 2022 dismissing Ms Hill's application for full compliance with section 182 of the Strata Schemes Management Act was dismissed, and the respondent's application for costs of the appeal was also dismissed.

Whether body corporate failed to act reasonably in not passing a motion to reimburse owner costs associated with termite damage to lot. Act, s 94; Standard Module, ss 180, 211(3)

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

REQUESTED EXTRAORDINARY GENERAL MEETING – where owners served notice on the committee to requested the committee to call an EGM – where the secretary disputed the validity of the requested EGM notice and did not call the requested EGM – where the caretaking service contractor as a non-voting committee member called the EGM because the secretary failed to call the EGM – whether the secretary’s decision that the notice was invalid thereby rendered it a nullity – whether a non-voting committee member is a committee member who may call a requested EGM which the secretary has failed to call – whether to make interim orders to stop the EGM or the implementation of any resolutions Act, s 279; Standard Module, ss 9, 12, 82, 84, 85

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

Responsibility for repair of damage to lot caused by backed up kitchen sink, where not all covered by insurance. Act, ss 20, 84(2), 280, 281; Standard Module, ss 180, 198

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

• Jessica Silberstein lot owner
• The Owners - Strata Plan No. 55468 owners corp
• Michael Adamo party
• Peter Michael Hans Engelbert party
• William Paul O'Brien party
• Terence Matthew Gagen party

The application to strike out paragraphs and restrain use of documents was dismissed, but the applicant was ordered to file amended pleadings within 14 days and documents subject to legal professional privilege were found inadmissible at the hearing.

INSURANCE – procedure – civil – whether leave should be granted to proceed against the insurer pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) – whether arguable case that the relevant policy would respond to a claim made against it by the certifier CORPORATIONS – procedure – civil – whether leave should be granted to proceed against the certifier in liquidation pursuant to s 471B of the Corporations Act 2001 (Cth) – where liquidator neither consents t

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

FIRST ANNUAL GENERAL MEETING – whether to make an order requiring the body corporate to call a general meeting and to deem it to be the first annual general meeting. Accommodation Module, s 84

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

BY-LAWS –enforcement of by-laws under the Act. Act, ss 59, 182, 184

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

FIRST ANNUAL GENERAL MEETING – whether to make an order requiring the body corporate to call a general meeting and to deem it to be the first annual general meeting. Standard Module, s 94

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.

GENERAL MEETINGS – where the applicant objects to various matters relating to the conduct of general meetings, motions and meeting minutes – whether orders to invalidate motions, pass motions, invalidate an election, and invalidate a meeting notice and minutes are warranted. Act, ss 270(1)(c), 276, 323D, 323E; Standard Module, ss 10, 11, 13, 15-18, 21-39, 44, 45, 47, 48, 52, 84, 88, 93, 98, 113, 114, 117, 119, 156, 160-162, 172-177, 195-209

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