Decisions table

• The Owners – Strata Plan no 67608 owners corp
• The Owners – Strata Plan no 67607 owners corp
• PINN 386 Pty Ltd party

The Appeal Panel upheld Strata Scheme 67607's appeal, adjusted insurance premium proportions for 2022-2023 to $54,445.74 and 2023-2024 to $61,734.38, and ordered Strata Schemes 67608 and PINN 386 Pty Ltd to pay costs.

• The Owners – Strata Plan No 47035 owners corp
• Peta Athens lot owner

The proceedings were transferred to the NSW Civil and Administrative Tribunal due to overlapping jurisdictional issues between the Supreme Court claim for unpaid levies and cross-claim for water damage already before NCAT.

• Stephen Bartlett lot owner
• The Owners – Strata Plan No 12375 owners corp

The Tribunal determined the separate questions in favour of the applicant, finding the Tribunal had jurisdiction and that consent order 2 recognised a credit of $3,000 against refund of levies, and ordered the respondent to pay the applicant's costs on an ordinary basis up to 10am on 21 February 2025 and on an indemnity basis thereafter.

• The Owners – Strata Plan No 72250 owners corp
• Anthony David Nugent lot owner
• Frances Christine Nugent lot owner
• Deborah Lee Harry lot owner
• Yangura Pty Ltd as trustee for the David Nugent Family Trust party

The Appeal Panel dismissed the owners corporation's appeal and ordered the owners corporation to pay the respondents' costs of the appeal on the ordinary basis, with those costs not to be paid from contributions levied on specific lot owners or from the administrative or capital works funds, but may be recovered by striking a levy on other lots.

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

The appellant was ordered to pay 10% of the respondent's costs of the appeal up to and including the hearing on 28 November 2024, but the respondent's application for its costs of the primary proceedings was dismissed.

• The Owners – Strata Plan No 7114 owners corp
• Northern Beaches Council government

Appeal dismissed; the Owners Corporation was obliged to pay licence fees under the 1999 Deed while it remained operative, Council is entitled to damages for interference with property rights from the roller door after licence termination, and the Owners Corporation's claim for unpaid electricity charges was statute barred.

• The Owners – Strata Plan No 63517 owners corp
• Titles Strata Management Pty Ltd manager

The Tribunal dismissed the application, finding that the strata management agreement was effectively extended by implication after its expiry date of 30 April 2024 through the conduct of both parties, and that the fees charged by the strata manager in May 2024 were reasonable and properly charged.

• The Owners – Strata Plan No 72250 owners corp
• Anthony David Nugent lot owner
• Frances Christine Nugent lot owner
• Deborah Lee Harry party
• Yangura Pty Ltd as trustee for the David Nugent Family Trust lot owner

The appeal was dismissed and leave to appeal refused; the Tribunal at first instance correctly determined that the Nugent parties' strata levy balances must account for credits of $71,185.24 as at 28 May 2021 in accordance with earlier Tribunal orders.

• Sydney Gold Bullion Exchange Pty Ltd lot owner
• The Owners – Strata Plan No 34794 owners corp

The application for reallocation of unit entitlements and compensation was dismissed as the applicant failed to establish any breach of duty by the owners corporation or any causation linking alleged breaches to loss.

• Stephen Bartlett lot owner
• The Owners – Strata Plan No 12375 owners corp

The Tribunal determined that it has jurisdiction to hear the application and that consent order 2 from 2022 does not finalise all costs and expenses, with the $3,000 credit to be applied against amounts owing under section 104 of the SSMA; proceedings adjourned for further directions on remaining issues.

• 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.

• 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.

• 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.

• Bernadette York lot owner
• Kevin Edwards lot owner
• The Owners – Strata Plan No 675 owners corp

The Court dismissed the plaintiffs' summons seeking leave to appeal from the NCAT Appeal Panel decision that affirmed the reallocation of unit entitlements in the strata scheme, finding no questions of law warranting the grant of leave to appeal.

• Yu Liu lot owner
• Li Wang lot owner
• The Owners – Strata Plan No 53093 owners corp

The summons seeking leave to appeal from the District Court was dismissed as incompetent because there is no right of appeal to the Supreme Court from a District Court decision that was itself an appeal from the Local Court.

• Bernadette York lot owner
• Kevin Edwards lot owner
• The Owners – Strata Plan No 675 owners corp

The hearing scheduled for 20 November 2024 was vacated and rescheduled to 16 December 2024, with the applicants ordered to file a revised Court Book, reply submissions identifying the questions of law, and to pay the respondent's costs thrown away.

• The Owners – Strata Plan No. 5403 owners corp
• Sargents Developments Pty Ltd lot owner
• Ian Douglas Allen lot owner
• M K Murphie Holdings Pty Ltd lot owner
• Patience Laws lot owner
• Lorenz Pau Julien Trouillet lot owner
• Cameron McTaggart lot owner
• Andrew Pilcher Wines lot owner
• Nathan David Keevers lot owner
• Stephen Goerner lot owner
• Michelle Madeline Phibbs lot owner
• A McCoy lot owner

The application to reallocate unit entitlements among 24 lots was dismissed because the applicant failed to establish the valuations of the lots in accordance with accepted valuation principles, a threshold requirement for such applications.

• Michael David Horan lot owner
• The Owners – Strata Plan No. 68307 owners corp

The respondent was ordered to pay the appellant's costs of the appeal on an ordinary basis, as the appellant was successful in having the damages award increased from $9,325.19 to $46,616.26.

• Samar Sultan lot owner
• The Owners Strata Plan no 54721 owners corp

The applications of both parties for costs of the appeal were dismissed; the appellant succeeded in having a costs order set aside but was unsuccessful in appealing the monetary order for outstanding levies, and the Appeal Panel made no order for costs of the appeal.

• Bernadette York and Kevin Edwards lot owner
• The Owners – Strata Plan No 675 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellants' appeal against the Tribunal's decision to reallocate unit entitlements in the strata scheme based on the relative values of lots as at 17 June 2014, increasing the appellants' lot unit entitlements from 60 to 109 and from 24 to 43 respectively.

• The Owners - Strata Plan No 2227 owners corp
• Navhand Pty Ltd lot owner

Judgment entered for the Owners Corporation against Navhand for unpaid strata levies, interest, and recovery costs totalling $94,740.78, with the defendant ordered to pay the plaintiff's costs.

• Robert Klewer lot owner
• The Owners – Strata Plan 70149 owners corp

The application seeking orders to set aside decisions of the Owners Corporation regarding payment plans, interest waiver, reimbursement for repairs, unit valuations, action against adjoining owner, and common property repairs was dismissed.

• Allan Veney lot owner
• The Owners – Strata Plan No 2245 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellant's appeal against the Tribunal's orders dispensing with a hearing and awarding costs to the respondent, finding no appealable error in the first instance decision.

• The Owners – Strata Plan No 74232 owners corp
• Feride Tezel lot owner

The Court of Appeal allowed the owners corporation's appeal, finding that the lot owner's claim for loss of rent was statute-barred under section 106(6) of the Strata Schemes Management Act 2015 (NSW) because the two-year limitation period commenced when she first became aware of the loss in 2016, not when the breach was remedied.

• The Owners – Strata Plan No 77559 owners corp
• Mounir Touma lot owner

The Owners Corporation must pay their own costs on their appeal; Mr Touma is awarded costs as agreed or assessed but payable only from contributions levied on lots other than his own.

• The Owners – Strata Plan No. 1813 owners corp
• Francis Johnie Keevers lot owner

The Owners Corporation recovered three separate instalments of unpaid special levies totalling $44,944.58 from the lot owner, together with interest and costs.

• Jose Achiam and Si Leng Leng lot owner
• The Owners – Strata Plan No. 58026 owners corp

The Tribunal ordered that no interest is chargeable on strata contributions levied from 1 May 2019 to 31 December 2020 and ordered the respondent to repay $892.34 in interest already charged, finding the owners corporation should reasonably have determined not to charge interest due to the strata manager's failure to correct an incorrect email address despite multiple notifications.

• David Donne lot owner
• The Owners - Strata Plan No. 86457 owners corp

The applicant's surplus in the capital works fund was ordered to be transferred to cover the deficit in the administrative fund with no interest payable; the resolutions of the AGM were not invalidated; one co-owner of lot 2 was ordered to resign from the strata committee; and the respondent was not yet permitted to levy additional contributions for non-performance of maintenance work.

• Jetz Luxury Homes Pty Ltd lot owner
• The Owners - Strata Plan No. 89564 owners corp

The Tribunal dismissed the applicant's proceedings seeking to avoid payment of $2,551.67 in disputed levy charges, finding the applicant liable for arrears notice fees, solicitor instruction fees, and legal costs incurred by the respondent in recovering unpaid levy contributions.

• The Owners - Strata Plan No 1813 owners corp
• Sarraf Property Group Pty Ltd lot owner
• Konn Palonis lot owner
• Francis John Keevers lot owner
• Peta Bourke lot owner
• Joanne Fardell lot owner

The Appeal Panel allowed the appeal, set aside the Tribunal's variation of the special levy orders, remitted claims concerning the $980,000 special levy and compulsory strata manager appointment for redetermination, and ordered the respondents to pay the SPG Appellants' costs of the appeal.

• Natalia Trentelman lot owner
• The Owners – Strata Plan No 76700 owners corp

The appeal was dismissed; the Tribunal's decision to refuse to vary levies struck between 2015 and 2018 to reflect a subsequent reallocation of unit entitlements was upheld, as the Tribunal's exercise of discretion did not miscarry.

• The Owners – Strata Plan No 76700 owners corp
• Natalia Trentelman lot owner

Application to extend time to appeal the Tribunal's costs decision was dismissed due to extraordinary delay of over two years with no adequate explanation, despite the appeal having good prospects of success.

• Natalia Trentelman lot owner
• The Owners – Strata Plan No. 76700 owners corp
• Strata Plus Pty Ltd manager

Strata Plus Pty Ltd appointed as managing agent to arrange payment of judgment debt of $87,786.50 within 3 months and to engage an auditor to conduct a comprehensive audit of the owners corporation's finances within 28 days.

• Andrew Mark Sinnett lot owner
• The Owners - Strata Plan No. 92002 owners corp

The Tribunal ordered reallocation of unit entitlements in Strata Plan No 92002 in accordance with the proposed unit entitlements based on the valuation report, finding the existing allocation unreasonable.

• Benjamin Antoniak lot owner
• Khoa Nguyen lot owner
• The Owners – Strata Plan No 71808 owners corp

The Appeal Panel refused leave to appeal and dismissed the appeal, upholding the Tribunal's decision that no special order for costs should be made despite the appellants' successful claim for appointment of a new strata manager.

• The Owners - Strata Plan No 1813 owners corp
• Sarraf Property Group Pty Ltd lot owner
• Konn Palonis lot owner
• Francis John Keevers lot owner
• Peta Bourke lot owner
• Joanne Fardell lot owner

The appeal by the lot owners against the Tribunal's decision imposing a special levy of $980,000 and appointing a compulsory strata manager was allowed, with orders set aside and proceedings remitted for redetermination.

• Diane Taylor lot owner
• The Owners Strata Plan No 53919 owners corp

The application was dismissed as the Tribunal found it had no power to make orders against persons not named as parties and could not overturn the committee decision even if members had breached their disclosure obligations under Clause 18.

• Burbank Montague Pty Ltd lot owner
• Gornoa Pty Ltd lot owner
• The Owners – Strata Plan No. 85312 owners corp
• Anne Lewinsky lot owner
• Sidney Lewinsky lot owner
• Ronald Allen Zucker lot owner

The application for a different costs order was refused and the appellants were ordered to pay the respondents' costs of the appeal on the ordinary basis.

• Hugo Loneragan lot owner
• The Owners - Strata Plan No 16519 owners corp

The Appeal Panel ordered Mr Loneragan to pay the Owners Corporation's costs of the appeal but declined to determine the costs application for the proceedings at first instance.

• The Owners – Strata Plan No 55682 owners corp
• W. R. Berkley Insurance (Europe), PLC insurer
• Berkley Insurance Company insurer
• HHIA Pty Ltd manager
• Mr D Hynes party
• Ms L Honeychurch party
• Westcourt General Insurance Broker Pty Ltd contractor
• QUS PTY LTD party

The court found the Insured breached its duty of disclosure regarding the Nomads Motorcycle Club's occupation of Unit 2, entitling the Insurer to reduce liability; claims against brokers for negligence were partially successful with liability apportioned.