Decisions table

• 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.

• 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.

• The Owners – Strata Plan No 20427 owners corp
• A Halliwell Nominees Pty Ltd lot owner
• Peter Irvine lot owner

The appeal was allowed in part; order requiring lodging of a building alteration plan was set aside, but the primary Tribunal's decision not to order removal of unauthorised works and restoration of common property was upheld.

• Lynne Maree Worrall lot owner
• The Owners - Strata Plan No 43357 owners corp

The Appeal Panel dismissed the Respondent's application for costs of the appeal and ordered each party to pay its own costs.

• The Owners – Strata Plan No 63607 owners corp
• Michael Kinsella lot owner

The Appeal Panel dismissed the owners corporation's appeal and upheld the primary member's order requiring the owners corporation to pay the lot owner $1,085 for 2019 repair costs to double-glazed windows that were common property.

• Anthony Reginald James Brenchley lot owner
• Mark Lambell lot owner
• Jenny Lambell lot owner
• Adam Severin lot owner
• Ann Marie Connery lot owner
• The Owners – Strata Plan No 80609 owners corp
• Keith Barry Clissold lot owner

The Court made no order as to costs between the plaintiffs and second defendant, with each party to bear their own costs, and no order as to costs for the first defendant; the strata scheme was terminated and the owners corporation wound up due to the building being uninhabitable.

• The Owners – Strata Plan No. 61285 owners corp
• Cameron Taylor lot owner

The Tribunal found that the respondent contravened the June 2021 order by failing to complete required work items 1-7 and 9, with the matter relisted to determine whether a civil penalty should be imposed and the amount.

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

The appeal was dismissed and the Tribunal's decision upholding the lot owner's cross-application for the owners corporation to perform proper repairs to common property defects was affirmed.

• Ian Keyworth lot owner
• Choong Lin lot owner
• The Owners – Strata Plan No. 45081 & 43487 owners corp

The application was dismissed as the applicants failed to demonstrate that the building work (removal of masonry spandrels and installation of fire curtains) was unauthorised or constituted a breach of the owners corporation's duty to repair and maintain common property under section 106 of the Strata Schemes Management Act 2015.

• The Owners - Strata Plan No 33368 owners corp
• Anthony Gittins lot owner

The appeal by the owners corporation was dismissed; the Tribunal's order requiring the owners corporation to conduct extensive repairs to bathroom, toilet and laundry areas was upheld, with the compliance date extended by 3 months.

• Lynne Maree Worral lot owner
• The Owners - Strata Plan No. 43357 owners corp

The appeal was dismissed and the first instance tribunal's orders requiring cost-sharing of roof terrace rectification work in proportion to respective areas of responsibility were upheld.

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

The respondent was ordered to pay the applicant's costs on the ordinary basis as agreed or assessed, with the Tribunal finding special circumstances warranted a costs order but declining indemnity costs because the Calderbank letter did not expressly foreshadow an application for indemnity costs.

• The Owners – Strata Plan No. 85292 owners corp
• JD Projects Pty Ltd contractor

The parties agreed on the substantive outcome with a consent work order made, but the Tribunal determined that each party must pay their own costs, finding no special circumstances warranted a costs order and that Rule 38 did not apply as the amount in dispute was less than $30,000.

• Wayne William Stocker lot owner
• The Owners - Strata Plan No. 6622 owners corp
• Peter Hartley lot owner

The application was dismissed because the applicant lacked standing to seek an order under s 132 of the Strata Schemes Management Act, the retrospective approval by ordinary resolution was valid as the work constituted a minor renovation, and there was insufficient grounds to remove the respondent from the strata committee.

• Karen Rook lot owner
• The Owners - Strata Plan No. 32865 owners corp

The application was dismissed as the applicant failed to demonstrate that the respondent owners corporation breached its statutory obligation under section 106 of the Strata Schemes Management Act to repair and maintain common property, with the tribunal preferring the more recent expert opinion that the Helifix solution was adequate to restore functionality of the walls.

• The Owners – Strata Plan No 62713 owners corp
• Assaf Samuel Aaron Liberant lot owner

The appeal was dismissed and the Owners Corporation's appeal against the Tribunal's award of $55,510.12 in lost rental income damages to the lot owner for breach of duty to repair and maintain common property was unsuccessful.

• Peter John Hannan lot owner
• Margaret May McQuade lot owner
• Lesley Van Dyck lot owner
• The Owners - Strata Plan No. 20680 owners corp
• Strata Central Pty Ltd manager

The Tribunal appointed Strata Central Pty Ltd as strata managing agent for 24 months to exercise all functions of the Owners Corporation, finding the Owners Corporation failed to perform its duties to repair and maintain common property.

• Stephen Gregg lot owner
• The Owners - Strata Plan No. 80881 owners corp

The owners corporation breached its strict statutory duty to maintain and repair common property by failing to complete remedial works to the courtyard since August 2019, and the applicant is entitled to damages for lost rental income.

• Geoffrey Eric John Ashlin lot owner
• The Owners-Strata Plan No 50705 owners corp

The Appeal Panel dismissed the appeal and refused leave to appeal, upholding the Tribunal's finding that the Owners Corporation had not breached its statutory duty under section 106 of the Strata Schemes Management Act to maintain and repair the common property balcony of unit 1501.

• The Owners – Strata Plan No. 98503 owners corp
• Angela Morrell lot owner

The respondent was ordered to remove unauthorised bi-fold windows installed on common property within six months and make good all damage caused, with provision for the owners corporation to enter and perform the work if the respondent fails to comply.

• Gayle Marie Linney lot owner
• The Owners - Strata Plan No. 11669 owners corp
• Susanne Parks party

The Tribunal ordered the owners corporation to repair a damaged bathroom bulkhead by 31 January 2022 and to record by-laws in the strata roll, but dismissed other aspects of the application relating to the AGM, removal of committee member, and other orders.

• The Owners - Strata Plan No. 31293 owners corp
• Mark Lewinsohn lot owner

The Lot owner was ordered to remove alterations to common property including a skate ramp, rear deck and garden beds, remove stored items and rubbish from common property, and pay a penalty of $550 for breaching by-laws; his cross-application was dismissed.

• The Owners Strata Plan No 74698 owners corp
• Jacinta Investments Pty Ltd lot owner

The appeal was allowed in part; orders requiring registration of a plan of subdivision and transfer of common property were set aside and replaced with orders to register a common property rights by-law granting exclusive use rights to the lot owner, and the levy order for damages was modified to exclude the successful applicant from being levied.

• Zhanxia Wu lot owner
• Robert Acevski party
• The Owners – Strata Plan No. 80611 owners corp

The application was dismissed on the grounds that the applicants lacked standing to bring proceedings under section 232 of the Strata Schemes Management Act 2015 for breach of the owners corporation's statutory duty to repair and maintain common property, as only the owners of the lot may bring such an action.

• The Owners – Strata Plan No 79633 owners corp
• Ms V Graorovska lot owner

The owners corporation was ordered to complete specified repair works to the lot including full replacement of the en suite and main bathroom, replacement of timber decking, repair of front porch flooring, and investigation and waterproofing works to the lower bedroom, with access to be granted on 48 hours notice and works to be completed by 28 February 2021 in a proper and workmanlike manner.

• Natalia Trentelman lot owner
• The Owners – Strata Plan No 76700 owners corp
• Registrar General of New South Wales government

The Court of Appeal dismissed the appellant's appeal and upheld the primary judge's finding that the Owners Corporation established proprietary estoppel warranting an easement for use of the swimming pool on lot 53.

• The Owners - Strata Plan No. 36613 owners corp
• Deborah Doherty lot owner
• Rajiv (Rahu) Parrab lot owner

The owners' appeal was allowed and the owners corporation's appeal was dismissed; the owners corporation was ordered to undertake balustrade repair works to comply with the National Construction Code within four months, and the timetable for fencing and landscaping works was varied.

• Lynne Maree Worrall lot owner
• The Owners - Strata Plan No 43357 owners corp

The Owners Corporation was ordered to repair the cavity flashing defect and the inadequate drainage and fall of most of the roof terrace within six months, with the applicant responsible for repairs to the part of the roof terrace forming the roof of her balcony, and the awning repair responsibility upheld as the applicant's obligation.

• Michael Turek lot owner
• Louise Turek lot owner
• The Owners - Strata Plan No. 70871 owners corp

The Tribunal granted the applicants a licence to store two 240-litre waste bins in the common property bin room for 10 years subject to a monthly licence fee of $50 and specified conditions.

• The Owners - Strata Plan No 68255 owners corp
• Helena Marie Downs lot owner

The Tribunal ordered Ms Downs to carry out reinstatement works to remove alterations and additions to common property and reinstate it to its previous condition within 12 months, but dismissed the Owners' applications seeking orders to prohibit Ms Downs from exclusively occupying the mezzanine level balconies and Level 5 East Area.

• Caitlin McCue lot owner
• The Owners Strata Plan No 3844 owners corp
• Denise Fisher lot owner

The owners corporation was ordered to repair cracks to the common property bathroom wall of Lot 1 by 29 October 2021 and to pay the applicant $1,650 for repair works already performed due to the owners corporation's breach of its duty under section 106 of the Strata Schemes Management Act 2015.

• John Thomas Strang lot owner
• Janette Strang lot owner
• The Owners - Strata Plan No. 92709 owners corp

The application was dismissed; the Tribunal found that exclusive use by-laws 130-139 validly shift responsibility for repair and maintenance of the air conditioning system to the lot owner, and the owners corporation has not failed in its obligations regarding common property.

• Y E Holdings Pty Limited lot owner
• Keywi Pty Ltd lot owner
• McMatric Investments Pty Ltd lot owner
• The Owners - Strata Plan No. 80877 owners corp

The applicant lot owners' proceedings were dismissed on 4 May 2021, and the tribunal ordered that the applicants pay the respondent's costs as agreed or assessed, finding special circumstances warranted a costs award due to the applicants abandoning substantial parts of their claim and the proceedings lacking tenable basis in fact.

• Peter McGrath lot owner
• The Owners – Strata Plan No 13631 owners corp

The appeal was dismissed as the appellant failed on all grounds, upholding the Tribunal's refusal to admit expert evidence on mould due to non-compliance with Procedural Direction 3.

• Martin Gisks lot owner
• The Owners - Strata Plan No. 6743 owners corp

The proceedings were dismissed as the applicant failed to establish that the owners corporation unreasonably refused consent to install solar panels on the garage roof, as the applicant did not provide sufficient technical information, expert evidence, or details required under the statutory provisions.

• The Owners – Strata Plan No 80412 owners corp
• Graham John Vickery lot owner

The appeal by the Owners Corporation was dismissed; the cause of action for breach of statutory duty to maintain common property did not accrue until the 2015 Act commenced on 30 November 2016, so Mr Vickery's application lodged in April 2018 was within the two-year limitation period.

• Greg Charitou lot owner
• The Owners – Strata Plan No 10394 owners corp

The court dismissed the plaintiff's claim for damages for breach of contract, finding he was not entitled to an extension of the completion deadline beyond 1 March 2017 and that the Strata Corporation did not repudiate the contract, and declared the contract validly terminated with the deposit forfeited.

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

The application by Ms Trentelman for a further stay of execution of the injunction and declaratory orders was dismissed, with the effect that orders requiring her to allow the owners corporation and authorised persons access to the swimming pool on Lot 53 came into effect from 21 April 2021 pending determination of her appeal.

• Yu Huang lot owner
• Cui'e Zhao lot owner
• The Owners – Strata Plan No 7632 owners corp

The appellants were ordered to pay the costs of the respondent on the basis set out in the legal costs legislation, as the appeals lacked merit and the appellants endeavoured to relitigate and re-agitate matters previously decided adversely to them.

• Yu Huang lot owner
• Cui'e Zhao lot owner
• The Owners – Strata Plan No 7632 owners corp

The appeals from the Tribunal's orders requiring the lot owners to remove unauthorised bathroom renovations to common property and pay the owners corporation's costs were dismissed.

• The Owners – Strata Plan No 63731 owners corp
• B & G Trading Pty Ltd party
• The Bunker 2017 Pty Ltd party
• SRSJ Management Pty Ltd party

The Appeal Panel ordered that the second and third respondents pay the appellant's costs of the appeal, finding that the novel and complex statutory construction issues regarding the SSMA 2015 and strata scheme by-laws constituted special circumstances warranting a costs award.

• Thomas Rosenthal lot owner
• Jo-Anne Rosenthal lot owner
• The Owners – Strata Plan No 20211 owners corp

The appeal was allowed and orders 1 and 2 made on 28 August 2020 were set aside as the Tribunal had made an access order without affording the parties an opportunity to be heard, constituting an error of law.

• Graham John Vickery lot owner
• The Owners – Strata Plan No 80412 owners corp

The Court of Appeal allowed the appeal and held that NCAT has jurisdiction and power to award damages for breach of section 106(5) of the Strata Schemes Management Act 2015, remitting the matter to the Appeal Panel to determine outstanding issues.