Decisions table

Interim application - Whether a proceeding is wholly or in part lacking in substance or is an abuse of process - Turns on own facts

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

• The Owners - Strata Plan No 55468 owners corp
• Michael Adamo lot owner
• Jessica Silberstein lot owner
• Michael Hans Engelbert lot owner
• William Paul O'Brien lot owner
• Terrance Matthew Gagen lot owner
• Strata Choice Pty Ltd manager
• Hecker Australia Pty Ltd party

The application by Jessica Silberstein to vary the costs order made on 8 May 2025 was dismissed, and she was ordered to pay The Owners - Strata Plan No 55468's costs of the application.

• Max Build Pty Ltd builder
• The Owners – Strata Plan No 54026 owners corp
• TOP Consulting Group (NSW) Pty Ltd consultant

The court ruled that the defect inspection reports are admissible as business records under s 69 of the Evidence Act, with certain portions limited to use only as evidence that statements were made, not as to their truth, and ordered the defendant to pay the plaintiff's costs of the motion.

COSTS – party/party – special circumstances – whether party has refused or failed to comply with the duty imposed by s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW) – proceedings dismissed – no basis for indemnity costs

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

• Mohammad Reza Adhami lot owner
• The Owners – Strata Plan no 85271 owners corp

The appeal was upheld and the matter was remitted to the Consumer and Commercial Division for hearing on its merits, as the tribunal erred in applying the two-year time limit to claims for work orders rather than just compensation claims.

ADMINISTRATIVE REVIEW – Controlled activity order under S424 Planning Act 2023 – failing comply with Crown lease – undertaking development without approval – units plan – direction to Owners Corporation to provide unrestricted public access to basement car parks of mixed use building complex Development approval under S197 of Planning and Development Act 2007 amending development approval under S162 – approved drawing showing parking spaces designated as "Public" – no provision for mandatory visitor parking for residential use as required by Codes Construction of development approvals and consents – public character restricting consideration of other documents – proper approach to construction of approved drawing – whether parking spaces designated as “Public” accessible by members of the public other than visitors – non-compliance with Codes precludes approval under S119 (1) Planning and Development Act – parking spaces for visitors only – controlled activity order set aside List of Legislation: ACT Civil and Administrative Tribunal Act 2008 Planning and Development Act 2007 Planning Act 2023 Unit Titles Act 2001 Unit Titles (Management) Act 2011 List of Cases: \_Allandale Blue Metal v Roads and Maritime Service\_s [[2013] NSWCA 103](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2013/103.html "View Case") Bowler v Hilda P/L (in liq) [[2001] FCA 342](/cgi-bin/viewdoc/au/cases/cth/FCA/2001/342.html "View Case") Haridemos and ACTPLA [[2012] ACAT 74](/cgi-bin/viewdoc/au/cases/act/ACAT/2012/74.html "View Case") Hecar Investments No 6 P/L v Lake Macquarie MC (1984) 53 LGRA 322 Hunter Industrial Rental Equipment P/L v Dungog SC [[2019] NSWCA 147](/cgi-bin/LawCite cit=%5b2019%5d%20NSWCA%20147 "View LawCiteRecord") Modog v North Sydney City Council NSWLEC 1160 Pselletes v Randwick CC [[2009] NSWCA 262](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2009/262.html "View Case") Springrange P/L v ACTPA [[2010] ACTCA 17](/cgi-bin/viewdoc/au/cases/act/ACTCA/2010/17.html "View Case") Warehouse Group (Australia) Pty Ltd v Woolworths Ltd [[2003] NSWCA 270](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2003/270.html "View Case") Westfield Management Ltd v Perpetual Trustee Co Ltd [[2006] NSWCA 425](/cgi-bin/LawCite cit=%5b2006%5d%20NSWCA%20425 "View LawCiteRecord") List of Text /Papers: Herzfeld and Prince, Interpretation (Lawbook, 3rd ed, 2024)

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.

• Sophia Avirame lot owner
• The Owners-Strata Plan No 863852 owners corp
• Westside Management Pty Ltd manager

The appeal was allowed and the costs order requiring the appellant to pay the respondent's costs was set aside, with each party ordered to bear their own costs of the interim orders application.

Strata titles - Maintenance (10 year) plan - Compared with budget - Whether approved maintenance plan a budget - Whether requirements for notices of meeting met - Discretion - Voting - Applicants' exclusion as unfinancial - Oppressive and unreasonable conduct

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

UNIT TILTES – merits review of a failed motion at a general meeting of the owners corporation – where motion sought retrospective approval for alterations made to the deck and balcony railing of a townhouse without prior approval of the owners corporation in breach of default rule 1.4 – where breach of the rule was inadvertent, rather than deliberate – where alterations enhanced the appearance, liveability and value of the unit without detracting in any material respect from the visual appeal of the complex or having any adverse effect on the value of other properties in the complex – where the Tribunal was satisfied that the correct or preferable decision was to give effect to the motion and that opposition to the motion was unreasonable – order made giving effect to the motion Legislation cited: Legislation Act 2001, s 132(1) Unit Titles Legislation Amendment Act 2020 (repealed), s 146 Unit Titles (Management) Act 2011, ss 106, 108(1) 129(1)(g), sched. 3 (s 3.16) Subordinate Legislation cited: Unit Titles (Management) Regulation 2011, sched. 1

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.

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — Due care and skill BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Major defect – Major element

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

LAND LAW – strata title – notice of motion – Strata Schemes Development Act 2015 (NSW) – ancillary orders – appointment of a trustee for the sale of an owner’s lot

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

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang developer

The Owners Corporation successfully rescinded the Deed of Settlement, established that proceedings were commenced within the warranty period under the Home Building Act 1989, and is entitled to damages for defective works within the common property, with questions of extent of defects and rectification costs to be determined by a referee.

LAND LAW – strata scheme – appointment of compulsory strata managing agent – s.237 of the Strata Schemes Management Act 2015 (NSW)

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

• Justin McLean lot owner
• Marnie Punch lot owner
• The Owners – Strata Plan No 79132 owners corp

Application for removal of strata committee member dismissed as applicant declined to press it; application for compulsory strata manager appointment dismissed as premature; partial consensual resolution achieved regarding garden and driveway maintenance.

LAND LAW – Strata title – whether contributions should be varied – whether to appoint compulsory strata managing agent

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

• The Owners – Strata Plan No. 12971 owners corp
• Elabelzan Pty Ltd party

The Tribunal made consent orders allowing the Owners Corporation access to Lot 3 to conduct inspections and exploratory destructive works with notice requirements and make-good obligations, but dismissed both parties' applications for costs.

JUDGMENTS AND ORDERS – final quantification of costs for rectification works – final orders for damages, interest and costs – no issue of principle

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.

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

LAND LAW - Strata title - Removal of a lot owner as a member of the strata committee of the owners corporation

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

• Max Build Pty Ltd builder
• The Owners – Strata Plan No 54026 owners corp
• TOP Consulting Group (NSW) Pty Ltd consultant

The court ruled that expert reports by Timothy Haynes and portions of David Madden's report are inadmissible because the experts lacked qualifications to identify building defects and relied on unqualified observations.

• Carolyn Evans lot owner
• The Owners – Strata Plan No. 40841 owners corp

The appeal was dismissed and the Tribunal's decision refusing to find a breach of the statutory duty to repair and maintain common property, to make a work order, or to appoint a compulsory strata managing agent was upheld.

Owners Corporations

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

Scheme dispute - Functions of strata company - Council - Duties of members of council - Application for appointment of Administrator of strata company - Breakdown in relationship between owner and member of council - Factors to consider to appoint Administrator - Whether strata company contravened s 91, s 119 or s 137 - Whether strata company contravened s 104 or s 109 - Whether an unelected council - Whether actions of strata company continuing - Whether strata company incapacitated, beset by difficulties or so dysfunctional as to render it unable to function at a satisfactory level - Tribunal proceeding - Whether necessary for Tribunal to intervene to appoint Administrator - Discretionary power to make declarations and orders to resolve scheme dispute or proceeding

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

• Vicki Jollow lot owner
• The Owners – Strata Plan No. 61407 owners corp

The Tribunal reallocated unit entitlements for the 13-lot strata scheme based on market valuations, but dismissed the claim for refund of overpaid levies as the original owner was not a party to the proceedings.

• The Owners – Strata Plan No 12299 owners corp
• Stephen Alexander Mackay lot owner

The appeal was upheld on grounds of procedural unfairness regarding the Tribunal's consideration of section 150 SSMA and the unresolved downpipe issue, and the matter was remitted to the Consumer and Commercial Division for redetermination with no order as to costs.

• The Owners – Strata Plan No. 91684 owners corp
• Parkview Constructions Pty Ltd builder
• Sydney Olympic Park Authority developer
• WSP Buildings Pty Ltd consultant
• Bates Smart Pty Ltd consultant
• McKenzie Group Consulting (NSW) Pty Ltd consultant
• Site 3 Development Co. Pty Ltd party
• Jianshan Xiong party
• James Fong party
• BG&E Facades Pty Ltd contractor

Leave to amend cross claim against WSP and Bates Smart refused due to inadequate pleading of causation regarding how alternative non-combustible cladding would have been selected without their alleged breaches.

• Sabrina Gabriela lot owner
• The Owners – Strata Plan No. 52108 owners corp

The Appeal Panel upheld the Access Orders made at first instance, dismissed the appellant's appeal, and ordered the appellant to pay the respondent's costs of the appeal as special circumstances warranted a costs award pursuant to section 60(3)(e) of the Civil and Administrative Tribunal Act.

• Gokani-Robins Pty Ltd lot owner
• ACG & KCG Investments Pty Ltd lot owner
• The Owners – Strata Plan No 77109 owners corp

The appeal against the Tribunal's dismissal of the application to declare Special By-Law 16 (a fire safety by-law) invalid as harsh, unconscionable or oppressive was dismissed, upholding the Tribunal's finding that the by-law was valid.

• Mohamed Mowjoon Atham Bawa lot owner
• The Owners - Strata Plan No 72125 owners corp

The appeal was allowed in part; the costs order made by the Tribunal on 8 August 2024 was set aside and the Appeal Panel will determine the costs application itself, while the substantive claims under sections 85 and 237 of the Strata Schemes Management Act were dismissed.

• The Owners - Strata Plan No 55468 owners corp
• Michael Adamo lot owner
• Jessica Silberstein lot owner
• Michael Hans Engelbert party
• William Paul O'Brien party
• Terrance Matthew Gagen party
• Strata Choice Pty Ltd manager
• Hecker Australia Pty Ltd party

The appeal by the owners corporation was dismissed and it must pay 80% of the respondent's costs; the appeal by Michael Adamo regarding removal from strata committee was refused leave but his appeal regarding the restraint order was allowed and the restraint order was set aside.

• The Owners - Strata Plan No. 81376 owners corp
• Dyldam Developments Pty Ltd builder
• Amaline Properties Pty Limited developer
• Insurance Australia Limited t/as Lumley Insurance insurer

The court answered all three separate questions no, finding that claims made under the home warranty insurance policy were outside the period of insurance and long stop limitation period, with the insured event (builder insolvency) only occurring in 2022 after the 10-year long stop period had expired on 4 September 2018.

• Samantha Sydney lot owner
• The Owners – Strata Plan No 15000 owners corp

The Tribunal varied the special levy of $45,000 to be paid in 12 equal monthly instalments rather than 3 months, ordered recalculation of the lot owner's levies accounts with consequential adjustments to interest, penalties and fees, and granted leave for further applications regarding interest relief.

• Chehab Investments Pty Ltd lot owner
• Chehab Asset Management Pty Ltd lot owner
• The Owners – Strata Plan No. 89670 owners corp

The Tribunal found that the initial allocation of unit entitlements for Strata Plan No. 89670 was unreasonable because it was based on incorrect architectural plans and ordered reallocation of unit entitlements in accordance with the market valuation report dated 15 February 2024.

• The Owners – Strata Plan No 63491 owners corp
• Matt Early Pty Ltd lot owner

The Tribunal ordered the respondent to allow access to Lot 3 for investigation of the wall between Lots 2 and 3 and preparation of a scope of works for repairs, but dismissed the applicant's claims for immediate removal of the trommel holding stockpile and prohibition on storage of skip bins on common property.

• Agnes Juskey lot owner
• Roman Juskey lot owner
• The Owners – Strata Plan No 62732 owners corp

The Appeal Panel dismissed the appellants' appeal for lack of merit and lateness, and ordered the appellants to pay the respondent's costs of the appeal due to special circumstances including a 582-day delay in filing the appeal, weak appeal grounds, and the appellants proceeding despite being warned of the weakness.

PRACTICE AND PROCEDURE – Proposed amendment to defendants’ Technology and Construction List Responses to introduce alternative limitation defences under s 18E of Home Building Act 1989 (NSW) in addition to existing limitation defences relying on that section – Where plaintiff opposed leave to amend on the sole basis that the proposed amendments were said to be futile – HELD: Amendments not futile. Leave granted.

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

• White House Developments Pty Ltd developer
• The Owners - Strata Plan No 70276 owners corp

The respondent's application to vary the appeal costs order was dismissed and the respondent must pay the appellant's costs; the appellant's application to reopen the appeal was dismissed and the appellant must pay the respondent's costs.

Owners Corporations; Costs

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

BUILDING AND CONSTRUCTION – building works on a large residential apartment building – Owners of strata plan, as successors in title, rely upon entitlements to sue on statutory warranties against the builder and developer – Home Building Act 1989 (NSW), ss 18B, 18C, 18D – determination of whether defects were ‘major’ defects – Home Building Act 1989 (NSW), s 18E(4) BUILDING AND CONSTRUCTION – whether District Court empowered to make a ‘work order’ where the alternative claim for relief, a money

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

• Strata Plan No 8017 trading as The Owners – Strata Plan 8017 owners corp
• Makawi Manly Pty Ltd developer
• CF Group Piling Pty Ltd contractor

The plaintiff was granted leave to amend its statement of claim to add allegations against the first defendant and to join CF Group Piling Pty Ltd as a second defendant in relation to damage caused to the plaintiff's building by excavation and shoring works on an adjacent property.

• Jin Beom Choi lot owner
• The Owners- Strata Plan No. 52482 owners corp

The Appeal Panel dismissed Mr Choi's appeal against directions made by the Tribunal for lodgment of documents and submissions relating to costs of the first instance proceedings, refusing leave to appeal on the grounds that the directions were routine procedural matters that did not determine substantive rights.

• Rao Nallamouthou lot owner
• The Owners-Strata Plan No 39988 owners corp
• Zeljko Milic party
• Kirshan Kumar Khanna party
• Shashi Bhat party
• Marina Fugazzi party

The Tribunal dismissed the owners corporation's costs application, finding that special circumstances had not been established to depart from the usual principle that each party bear its own costs.

UNIT TITLES – application by owners corporation for recovery of unpaid levies and associated enforcement expenses pursuant to section 31 of the Unit Titles Management Act 2011 – costs involved in a bankruptcy notice – where the amount sought increased during the course of the litigation Legislation cited: ACT Civil and Administrative Tribunal Act 2008 ss 6, 7, 26, 48 Unit Titles (Management) Act 2011 ss 31, 95 Bankruptcy Act 1966 (Cth) ss 40 (1)(g), 41

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

• Natalie Ciric lot owner
• The Owners - Strata Plan No. 67113 owners corp
• Joel Blanch lot owner

The second respondent was ordered to comply with Special By-law 8 by restoring carpet or floor coverings to the flooring in lot 17 or removing, treating or replacing the flooring so it complies with acoustic requirements, with testing to certify compliance within 60 days.

• Lorette Angela Lewis lot owner
• The Owners - Strata Plan No. 32924 owners corp

The appeal was allowed in part: Special By-Law 2 was declared invalid because the owners corporation lacked power to make it without the appellant's written consent, and Special By-Law 3 was declared void for uncertainty due to the absence of Annexure C; the appeal regarding Special By-Law 1 was dismissed.

UNIT TITLES – where owners corporation claimed $1,803.04 for the cost of investigating, locating and rectifying a leaking hot water control valve assembly in the respondent’s unit and legal and debt recovery expenses totaling $21,524, as expenses incurred in carrying out the owners corporation’s functions that were necessary because of a willful or negligent act or omission, or breach of the owners corporation’s rules by the respondent under s 31 of the Unit Titles (Management) Act 2011 (UTMA) – whether the hot water control valve assembly is common property – whether the hot water control valve assembly is a facility for the provision of a utility service for the potential benefit of all units and therefore the owners corporation responsibility to maintain under s 24(1)(e) of the UTMA – where hot water control valve assembly found to be unit property and therefore the respondent’s responsibility to maintain in a state of good repair in accordance with rule 1.3(1) of the default rules – whether legal and debt recovery expenses (including the costs of legal advice before taking legal action, the cost of representation by counsel at the hearing and strata manager’s fees charged in connection with the legal action) were reasonably incurred and reasonable in amount – where, save for the disallowance of some of the strata manager’s fees, the owners corporation was entitled to recover all of its legal and debt recovery expenses, including interest pursuant to s 94(1) of the UTMA List of Legislation: ACT Civil and Administrative Tribunal Act 2008 ss 8, 16, 48 Building Act 2004 ss 29, 42 Legal Profession Act 2006 s 300(2) Legislation Act 2001 s 132 Unit Titles Act 2001 ss 13, 34, 35 Unit Titles (Management) Act 2011 ss 31, 115, 125 Subordinate

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.