Decisions table

• 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.

• Jin Beom Choi lot owner
• The Owners – Strata Plan No 53482 owners corp

The Appeal Panel dismissed the owners corporation's application for costs of the appeal, finding that special circumstances had not been established to depart from the usual principle that each party bears its own costs.

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — S 48O discretion — Defects — Costs

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

• Xiao Chun Lu lot owner
• The Owners - Strata Plan No 66347 owners corp
• Zhi Peng Zhang lot owner

The costs application by the Owners Corporation against Ms Lu was dismissed, and each party was ordered to pay their own costs of the appeal following Ms Lu's withdrawal of her appeal.

• 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.

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

The Owners were ordered to pay compensation of $98,374.29 for breach of their duty to maintain and repair common property, and to engage contractors to repair the bathroom brickwork and investigate kitchen wall defects.

• Jian Guang Xie lot owner
• The Owners – Strata Plan No. 90092 owners corp
• Direct Management Group Pty Ltd manager

The Tribunal appointed Direct Management Group Pty Ltd as compulsory strata managing agent for 12 months and granted it all functions of the chairperson, secretary, treasurer and strata committee, finding the owners corporation was not functioning satisfactorily due to contraventions of the Strata Schemes Management Act, financial deficits, failure to provide proper notice of meetings, and significant disharmony among lot owners.

• Jian Guang Xie lot owner
• The Owners – Strata Plan No. 90092 owners corp
• Direct Management Group Pty Ltd manager

Direct Management Group Pty Ltd was appointed as compulsory strata managing agent for 12 months to exercise all functions of the owners corporation including those of chairperson, secretary, treasurer and strata committee due to the owners corporation failing to function satisfactorily.

• 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.

• The Owners - Strata Plan No 95242 owners corp
• Karimbla Properties (No 42) Pty Limited developer
• Karimbla Constructions Services (NSW) Pty Ltd builder
• Guardian Protection Services (Aust) Pty Ltd contractor
• Plumb Group Pty Limited contractor
• Saba Bros. Tiling Pty Ltd contractor

The plaintiff was granted leave to serve supplemental expert evidence by 6 June 2025 regarding defects in uninspected units, but must pay defendants' costs thrown away by the orders and the expert evidence is confined to defects of the same effect as those already identified in inspected units.

• 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.

COMMERCIAL LEASE – lease of common property of commercial leasehold strata scheme – construction of definition of “Market Value of the Stratum” – no issue of principle

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

• The Owners - Strata Plan No 16624 owners corp
• The Owners - Strata Plan No 90950 owners corp
• IPM Developments Pty Ltd (in liquidation) developer
• Aleksander Novakovic party
• IDA Potts Point Pty Ltd (in liquidation) party
• Steven Sroba party
• John Cardamis party

The court ordered the plaintiffs to provide security for the second, fourth, and fifth defendants' costs in the sum of $300,000 each, payable in three tranches of $100,000, and to pay the defendants' costs of their motions.

PRACTICE AND PROCEDURE – UCPR 1.21 – Reconsideration of the Court’s conclusion that an order for determination of a separate question be revoked - Application for removal of proceedings on the separate question to the Court of Appeal – Where Court is of the view that the separate question is inappropriate – Application refused

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

BUILDING AND CONSTRUCTION – Design Act ss 36 and 37 - Certifiers Act ss 13 and 14 – Proceedings by Owners Corporation against the third defendant accredited certifier for breach of the duty of care imposed by s 37 of the Design Act on the footing that the third defendant carried out construction work in or related to a residential strata apartment complex – Third defendant denies that it carried out construction work and denies that the Design Act can apply by virtue of the existence of a Practi

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

APPEAL – Error as to date not impacting decision – no basis for grating leave to appeal LAND LAW – Strata title – two-year limitation period – date from which that period commences – extension of time not permitted

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

COURTS AND JUDGES – Supreme Court – Jurisdiction – Whether Supreme Court lacked jurisdiction to make declaration that condition of by-law unjust – Where statute conferred function of finding condition unjust on NSW Civil and Administrative Tribunal LAND LAW – Strata title – By-laws – Whether condition of by-law that exclusive use rights cease unless obligations complied with unjust – Whether condition harsh, oppressive or unconscionable – Whether respondents liable in damages under by-law for fa

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

• The Owners – Strata Plan No 89074 owners corp
• Ceerose Pty Ltd builder
• Prisand Investments Australia Pty Ltd developer

The Court adopted the referee's reports on liability and quantum with minor corrections, entering judgment for the plaintiff in the amount of $1,952,984 for breach of statutory warranties under the Home Building Act 1989 (NSW).

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

The application by the lot owner was dismissed on all grounds, including claims regarding parking enforcement, removal of strata committee members, fire safety repair charges, and access to owners corporation records.

• 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.

• Jin Beom Choi lot owner
• The Owners Strata Plan No 53482 owners corp

The appeal from the Tribunal's decision was dismissed; the Tribunal's order deeming a common property rights by-law passed under s 149(1)(b) of the Strata Schemes Management Act 2015 was upheld, with the appellant's refusal to consent to the by-law found to be unreasonable.

• 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.

• The Owners - Strata Plan No 89791 owners corp
• FKP Constructions Pty Ltd builder
• FKP SJYC Pty Ltd developer

The Court declined to make a costs order in favour of the defendants in respect of their solicitors' correspondence and affidavit relating to document production disputes, finding that the defendants should have sought pre-evidence disclosure with evidence of exceptional circumstances rather than engaging in combative correspondence and serving a notice to produce.

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

The Owners Strata Plan No. 55468 must carry out rectification works by 14 February 2025 and pay the lot owner $316,128.43 in damages for breach of section 106 of the Strata Schemes Management Act 2015; Michael Adamo was removed from the strata committee and restrained from acting as an office holder for not less than one year; applications against other respondents were dismissed.

REAL PROPERTY – STRATA MANAGEMENT – removal of strata committee officer – no basis – meeting procedures including for elections - Strata Schemes Management Act 2015 (NSW) ss 30(4), 35, 37, 238, Sch 1 para 18, Strata Schemes Management Regulation 2016 regs 14, 14A

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

• The Owners – Strata Plan No. 100526 owners corp
• Rolia Hamdan lot owner
• Charlie Hamdan lot owner

The appeal was allowed and the first instance decision dismissing the application for removal of unauthorised works was set aside, with the matter remitted for reconsideration on the basis that the tribunal failed to consider relevant discretionary matters including the impact on other lot owners.

LAND LAW – Strata – By-laws – Contractual construction in cases of long-term contractual relations – Whether earlier deed regained force upon termination of later deed – Licence fee claim – Trespass loss of carpark revenue

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

• Alta Vale Residential Pty Ltd builder
• The Owners – Strata Plan No. 95693 owners corp
• STM 123 No. 8 Pty Limited developer

The Appeal Panel dismissed the builder's appeal against the work order requiring the builder to perform specified works to remedy major defects in the residential development, and refused leave to appeal against the interlocutory decision to refuse adjournment.

• 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.

• Kristen Nimmons lot owner
• The Owners Strata Plan No 10441 owners corp

The costs application of the respondent to vary the costs order and obtain costs of the notice of appeal was dismissed, with the panel finding insufficient special circumstances warranting an award of costs.

LAND LAW – Community Land Development Act 1989 (NSW) – Community Land Development Act 1989 (NSW) – creation of by-laws for restricted use – interpretation of by-laws – effectiveness of grant of by-law made by strata scheme on subdivision of strata lot – whether particular common property the subject of the grant. PRACTICE AND PROCEDURE – referral of adjudication proceedings commenced under the Community Land Management Act 1989 (NSW) to the Tribunal – permissibility of including in those referre

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

• The Owners – Strata Plan No. 20548 owners corp
• Mount Street 4 Pty Ltd aft Mount Street 4 Unit Trust party
• Keith Anthony Bond lot owner
• Taunton10 Pty Ltd lot owner

Taunton10 Pty Ltd was joined as third respondent to the strata renewal proceedings pursuant to section 181(6)(b) of the Strata Schemes Development Act 2015 (NSW), and costs of the motion were reserved.

• Easy Trades Australia Pty Ltd builder
• The Owners – Strata Plan No. 3844 owners corp

The appeal by the builder against the first instance decision awarding the owners corporation $61,708.68 for defective works (including a concrete staircase and brickwork) was dismissed, with the Appeal Panel confirming the Senior Member's findings on defects, rectification methodology, and rejection of the builder's set-off claim.

• Hua Nan Trading Pty Ltd lot owner
• The Owners – Strata Plan No 32396 owners corp

The appeal was dismissed and the Tribunal's decision to decline to extend time for bringing recovery proceedings for water damage more than two years after the loss occurred was upheld.

• Alison Loise Smith lot owner
• Grant Darren Smith lot owner
• The Owners – Strata Plan No. 43094 owners corp

Leave to appeal was refused and the appeal was dismissed; the original orders requiring the Smiths to remove unauthorised works (pergola, benches, and window) and restore the common property were upheld, with extended compliance timeframes.

• The Owners – Strata Plan No 93804 owners corp
• M Services & Maintenance Pty Ltd contractor

The respondent's application for a further extension of time to comply with work orders made on 11 September 2019 was refused, and the respondent was ordered to pay the applicant $500,000 as compensation for the uncompleted rectification works.

• Judith Gates lot owner
• Paul Carpenter lot owner
• The Owners - Strata Plan No 5165 owners corp

The respondent's costs application was dismissed, and each party was ordered to pay their own costs of the interim application.

APPEALS – Finding of breach of duty to maintain and repair common property - exercise of discretion - no error of law- no basis for granting leave to appeal

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

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — S 48O discretion — Defects

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

• 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.

• Victor Keddis lot owner
• The Owners - Strata Plan No 20198 owners corp

Both proceedings were dismissed; the tribunal found that strata scheme 20198 is functioning satisfactorily, the owners corporation did not fail to perform its duties in material respects, and a compulsory strata manager should not be appointed.

DAMAGES – costs of rectification works

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

• 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.

• Brendan Campbell lot owner
• The Owners Strata Plan No 88807 owners corp

Application dismissed; the applicant failed to establish that the owners corporation breached its strict duty of maintenance and repair or that the alleged loss of rent was a reasonably foreseeable result of any breach.

• The Owners-Strata Plan No. SP54026 owners corp
• Kastri Aev Pty Ltd lot owner

The appeal panel found the respondent lot owner was successful in the appeal proceedings, made no order as to costs of the appeal, and noted the effect of section 104 of the Strata Schemes Management Act 2015 (NSW) in favour of the respondent.

• Kristen Nimmons lot owner
• The Owners Strata Plan No 10441 owners corp

Appeal allowed in part: quarantine order made to levy all lot owners other than the applicant in proportion to unit entitlements for costs of rectification works; appeal otherwise dismissed and leave to appeal refused on other grounds.

• The Owners – Strata Plan No. 82089 owners corp
• Omaya Holding Pty Ltd developer
• Arinson Pty Ltd contractor
• Omaya Investments Pty Ltd party
• BSM Holdings Pty Ltd party
• Integrated Design Group Pty Ltd consultant
• Bernie Cohen & Associates Pty Ltd trading as Essential Certifiers consultant

Summary dismissal application dismissed; strike-out application upheld with leave to replead; application to withdraw admissions dismissed; amendment made to correct obvious error in list response.

• Raysons Constructions Pty Limited builder
• The Owners - Strata Plan No 87003 owners corp

The Appeal Panel upheld Raysons Constructions' appeal, set aside the Tribunal's orders in favour of The Owners, and ordered The Owners to pay Raysons Constructions' costs of both the appeal and the Tribunal proceedings on the ordinary basis, declining to award indemnity costs despite Calderbank offers.

• Jade Y Hsueh lot owner
• The Owners – Strata Plan No 61321 owners corp

The owners corporation was ordered to rectify water ingress and related defects at Lot 5 within three months and to pay the applicant $11,504 for mould treatment costs and floor damage, but the application was otherwise dismissed including claims for lost rental income, screen door replacement, and declaration regarding levy arrears.

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd builder
• Daniel Russell consultant

The court refused to make a personal costs order against the plaintiff's solicitor Daniel Russell, finding that although steps could have been taken more expeditiously to engage with experts, the delay was not caused by serious neglect, incompetence, misconduct or improper conduct on his part.