Decisions table

• Andrew Timothy Thompson lot owner
• The Owners – Strata Plan No 31007 owners corp

Thompson's appeal (2025/00109080) allowed and remitted for reconsideration of first instance costs; Thompson's appeal (2025/00113534) dismissed with costs ordered against him.

• The Owners – Strata Plan no 85385 owners corp
• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner

The Appellant's appeal was dismissed on substantive grounds but partially succeeded on a costs procedural issue; the Respondents were ordered to be the successful parties overall, and the Appellant was ordered to pay 90% of the Respondents' appeal costs to reflect the mixed outcome.

• The Owners – Strata Plan No 31337 owners corp
• Grace Balacco lot owner

The Court of Appeal allowed the appeal in part, reducing the judgment against the owners corporation from $385,484.78 to $250,499.06, and ordered the owners corporation to pay one third of Ms Balacco's costs of the appeal.

• The Owners – Strata Plan No 865 owners corp
• Helen Carroll lot owner

The owners corporation was ordered to pay the respondent lot owner's costs of the appeal on an ordinary basis up to 18 July 2025 and on an indemnity basis thereafter, following unreasonable rejection of a Calderbank offer.

• Simone Selkirk lot owner
• The Owners-Strata Plan No 2661 owners corp

The appeal by the lot owner regarding damages was dismissed, while the owners corporation's application to extend time to lodge its appeal was dismissed; each party ordered to pay the other's appeal costs.

• Sally Armati lot owner
• David De Coster lot owner
• The Owners - Strata Plan No 15695 owners corp

The notice of motion for costs was dismissed; the court found it was not fair and reasonable to order the respondent to pay the applicants' costs despite the applicants' success in the underlying tree removal proceedings, as the presumptive rule in Class 2 proceedings is that each party bears their own costs and the respondent's conduct did not sufficiently warrant departure from this rule.

• The Owners – Strata Plan No 31337 owners corp
• Grace Balacco lot owner

Appeal allowed in part; judgment reduced from $385,484.78 to $250,499.06 following findings that future economic loss and future domestic assistance awards were unsupported by evidence, while maintaining the owners corporation's liability for the slip and fall on the unpainted speed hump.

• Michelle Hall lot owner
• The Owners - Strata Plan No 31934 owners corp

The costs application by the owners corporation was dismissed and each party was ordered to pay their own costs of the appeal, as no special circumstances warranting costs against the appellant were established despite her withdrawal of the appeal.

• The Owners - Strata Plan No. 1954 owners corp
• Ashdown Home Units Pty Ltd party

The court ordered the defendant to construct stormwater works and upgrade piping on the plaintiff's land at its own cost, with the defendant to pay a proportionate share of the plaintiff's costs in obtaining necessary easements for drainage.

• The Owners – Strata Plan No 865 owners corp
• Helen Carroll lot owner

The appeal by the owners corporation was dismissed; the primary tribunal's finding that the owners corporation was in breach of its duty to maintain common property (kitchen slab and wall footings) and that the lot owner was entitled to damages was upheld.

• Helen Tsoukaris lot owner
• The Owners – Strata Plan No. 30102 owners corp

The appellant's application for an extension of time to appeal was refused and the appeal was dismissed; the appellant was ordered to pay the respondent's costs on an indemnity basis.

• The Owners – Strata Plan No 85385 owners corp
• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner

The appeal was dismissed; the timber decking on balconies and terraces was determined to be common property for which the owners corporation is responsible for maintenance and repair, and the costs order at first instance was set aside and remitted for reconsideration.

• The Owners - Strata Plan No 105126 owners corp
• Martin Mokhtari lot owner

The application by the owners corporation to recover costs for repair of a common property electrical cable and generator installation from the lot owner was dismissed because the owners corporation failed to establish that the respondent damaged the cable or obstructed the corporation's statutory power of entry under section 122(3) of the Strata Schemes Management Act.

• Oberto Pty Ltd lot owner
• The Owners – Strata Plan No 2004 owners corp

The applicant lot owner was successful in proceedings concerning damage to common property and the owners corporation's duty to maintain and repair; the owners corporation was ordered to pay the applicant's costs on the ordinary basis.

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

The appeal of the lot owner's application to appoint a compulsory strata manager on a limited basis was dismissed, and each party was to bear its own costs.

• The Owners – Strata Plan No. 85119 owners corp
• Pareshkumar Patel lot owner
• Hemalataben Patel lot owner

The respondents must remove the unauthorised carport constructed on common property within 28 days and repair all damage caused to the common property by its installation or removal.

• Hugh James McCullum lot owner
• Lissa Kristbjorg McCullum lot owner
• The Owners – Strata Plan No 15404 owners corp

A compulsory strata manager (Network Strata Services Pty Ltd t/as Netstrata) was appointed for 12 months to assess expert reports on ceiling and floor defects in common property, order further reports as necessary, and engage contractors to undertake inspection and remedial works; the owners corporation's cross-application seeking the lot owners' consent to a common property rights by-law was dismissed.

• William McArthur lot owner
• The Owners – Strata Plan No. 30924 owners corp

The application was dismissed; the Tribunal found the owners corporation acted within its statutory duty under section 106 of the SSMA in carrying out emergency repairs to the common property shower recess, and there was no breach of section 122(6) as the repair work achieved minimal compliance and was functionally effective.

• Dianne Pellow lot owner
• The Owners-Strata Plan No 4152 owners corp

The application for an order requiring the owners corporation to install a ramp or platform lift at the building entrances was dismissed as the front and rear entrances were operating according to their original design and had not fallen into disrepair, thus there was no breach of the owners corporation's duty to renew or replace fittings and fixtures under section 106(2) of the Strata Schemes Management Act.

• Adam Bowe lot owner
• James Washington Bailey lot owner
• The Owners - Strata Plan No 61040 owners corp

The Tribunal ordered the respondent lot owner to cease smoking tobacco products on courtyards and balconies of his lot and to prevent tobacco smoke from penetrating into the applicant's lot, finding the smoke drift constituted a nuisance and hazard in breach of statutory obligations and by-laws.

• Oberto Pty Ltd lot owner
• The Owners – Strata Plan No 2004 owners corp

The Owners Corporation was ordered to pay Oberto Pty Ltd $24,354.90 in addition to $38,801.25 previously paid, comprising compensation for grinding costs, wardrobe and electrical damage remediation, and rental loss arising from the owners corporation's breach of its duty to maintain and repair common property damaged by water ingress and magnesite deterioration.

• Deepti Baluri lot owner
• The Owners – Strata Plan No 11258 owners corp

The appeal panel dismissed the appellant's appeal and ordered the appellant to pay the respondent's costs of the appeal on the ordinary basis as agreed or assessed.

• The Owners Strata Plan no 74482 owners corp
• YNW lot owner

The Appeal Panel dismissed the owners corporation's appeal and ordered it to pay the respondent's costs of the appeal on the ordinary basis, finding special circumstances warranted a costs order due to the unmeritorious and unreasonably prolonged appeal.

• Yan Ping Chen lot owner
• The Owners – Strata Plan No 55792 owners corp

The appeal was dismissed; the Tribunal's orders requiring the respondent to engage licensed persons to carry out specified renovation work and replacement of the shower door within two months were upheld, and the appellant was ordered to pay the respondent's costs.

• Mexia (Leah) Gao lot owner
• The Owners Strata Plan No 100946 owners corp
• Ruilang Jiang lot owner
• Huijun Yan lot owner

The Owners Corporation was ordered to restore the original '103' marking to the parking space of lot 7, but the applicant's claims for compensation and declarations regarding the easement were dismissed, as was the respondents' cross-claim, as the dispute relates to a registered easement outside the Tribunal's jurisdiction.

• Kerri Owers-Brown and Lindsay Brown lot owner
• Robert Nakkan lot owner
• The Owners-Strata Plan No 92562 owners corp

The tribunal found timber decking on balconies was common property and ordered the owners corporation to engage licensed builders to perform partial replacement and repair works set out in Schedule A, but rejected the lot owners' broader request for complete removal and replacement of the entire decking system.

• Llewela Tegan Griffiths lot owner
• The Owners – Strata Plan No SP11097 owners corp

The Tribunal ordered that the parties jointly demolish and replace sections A and B of the masonry dividing fence with costs shared equally, that the applicant may clean and repaint its external wall at its own cost, and that the parties construct a new timber fence with costs shared equally.

• Philip Anthony Feitelson lot owner
• Anne Christine Davis lot owner
• The Owners - Strata Plan No. 63429 owners corp

The Tribunal ordered the Owners Corporation to carry out maintenance and repairs to common property to achieve compliance with section 106 of the SSMA, prescribed a new by-law, and declared multiple by-laws invalid.

• Nicholas John Pike lot owner
• Gregory Wayne Segal lot owner
• Roslyn Hakim lot owner
• Nilay Gencturk lot owner
• Gerard Eugene Farrell lot owner
• The Owners - Strata Plan No 9370 owners corp

The Tribunal invalidated resolutions for fire order works (motions 2.1.1, 2.1.2, 9.2, 9.3) requiring special resolution, dismissed the challenge to the remedial works motion, and varied the special levy payment dates to 28 August, 28 September, and 28 October 2025.

• The Owners - Strata Plan No. 3407 owners corp
• David Edgar lot owner
• Suet Ying Edgar lot owner

The respondents were ordered to immediately remove a pram and e-bike parked on common property as they constituted a nuisance and hazard in contravention of section 153 of the Strata Schemes Management Act 2015.

• Teresa Harvey lot owner
• DocBay Pty Ltd lot owner
• The Owners – Strata Plan No. 60850 owners corp

The applicants' claim that the suspended balconies are common property was upheld; DocBay's application was dismissed; the owners corporation was ordered to replace the collapsed balcony to lot 15 within 60 days with identical materials and dimensions, and to pay Teresa Harvey $1,703.18 for expenses incurred in proceedings.

• The Owners – Strata Plan No. 58036 owners corp
• The Estate of William Hutchinson party

The court waived the requirement to give notice to the owner of the land on which the tree is situated and ordered that the application proceed ex parte, with the matter to be listed for directions and final hearing allocation.

• The Owners – Strata Plan no 74482 owners corp
• YNW lot owner

Leave to appeal was refused and the appeal was dismissed; the Tribunal's refusal to adjourn the hearing at first instance was upheld as the Appellant had reasonable opportunity to prepare its case and seek extensions or adjournment earlier.

• Simone Selkirk lot owner
• The Owners – Strata Plan No 2661 owners corp

The Miscellaneous Matters Application seeking an extension of time to comply with work orders for bathroom wall repairs and kitchen wall investigations was dismissed, with the respondent ordered to pay the applicant's costs.

• David William McClatchey lot owner
• The Owners - Strata Plan No. 91138 owners corp

The respondent owners corporation is ordered to pay the applicant's costs incurred from 25 September 2024 to 20 December 2024 on the ordinary basis, with each party bearing their own costs for the remaining period.

• The Owners - Strata Plan No. 550 owners corp
• John Artuphel lot owner

The Tribunal ordered the respondent to remove unauthorised bathroom works and reinstate the bathroom to its previous condition within 12 months, with permission for the Owners Corporation to enter and complete the work if the respondent fails to comply.

• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner
• The Owners – Strata Plan No 85385 owners corp

The tribunal found that timber decks on balconies and terraces are common property, ordered the owners corporation to carry out replacement work within six months, declared special by-law 11 invalid, and ordered the owners corporation to pay the lot owners' costs.

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

The Appeal Panel dismissed the substantive appeal on the merits and on the appeal costs issue ordered that each party bear its own costs, finding no special circumstances warranted a departure from the general rule.

• 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.

• 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.

• 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.

• 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 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.

• 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.

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

The appeal was allowed in part: the owners corporation was ordered to arrange repairs to Lot 14 according to specified scope of works within prescribed timeframes, and the applicant must provide reasonable access for such work; the appeal was otherwise dismissed regarding claims for loss of rent and basement wall repairs.

• Alim Lim and Jonathan Lim lot owner
• The Owners – Strata Plan No 51159 owners corp

The appeal was dismissed; the Tribunal's constructive failure to exercise jurisdiction was confirmed but the appeal was not remitted as the screen door was correctly removed to comply with fire safety regulations and any reinstatement would require the lot owner to seek approval through the proper statutory process.

• KYS Investments Pty Ltd lot owner
• The Owners - Strata Plan No. 73081 owners corp

KYS Investments' application claiming damages for failure to maintain the grease arrestor was dismissed, but the Owners Corporation's application succeeded with KYS ordered to carry out remedial works to repair damage to the common property slab caused by unauthorised core holes and severed reinforcement steel.

• The Owners – Strata Plan No. 11097 owners corp
• Llewela Tegan Griffiths lot owner

Leave to appeal from the interlocutory decision granting the respondent leave to amend her application to seek demolition of the masonry wall was refused and the appeal was dismissed.

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

Leave to appeal was refused and the appeal was dismissed; the original orders for fire safety works to be completed were upheld with the completion deadline extended to 10 February 2025.