Decisions table

• The Owners – Strata Plan No 95230 owners corp
• Stacey Maister lot owner
• Terry Maister lot owner
• Debby-Lee Maister lot owner

The Appeal Panel stayed Order 7 (ongoing damages for alternative accommodation) pending appeal determination but dismissed the application to stay the work orders for mould remediation and retiling.

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

Paragraph 3 of the summons relating to documents concerning the respondents' knowledge of the applicant's husband's disability and health issues was set aside as lacking reasonable particularity and constituting a fishing expedition; Categories 1 and 2 relating to water ingress documents were not pressed by the applicant but the tribunal indicated the terms were too broad and problematic.

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

The Court dismissed the Owners Corporation's application to transfer proceedings from the Supreme Court to the NSW Civil and Administrative Tribunal, finding that the Court's jurisdiction should be retained due to uncertainty regarding the Tribunal's jurisdictional scope, the substantial quantum of the claim (over $750,000 in unpaid fees plus claims for loss of profits around $3 million), and the estimated hearing time of 8-10 days which exceeded the Tribunal's capacity.

• Peter Robert McDonnell lot owner
• Janette Carolyn McDonnell lot owner
• Peter McDonnell Pty Ltd lot owner
• The Owners – Strata Plan No 64191 owners corp

Application to extend time to bring appeal is refused, summons dismissed, and plaintiffs ordered to pay defendant's costs.

APPEAL – Interlocutory application

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

• Ross Harold Smith lot owner
• Jennifer Ann Smith lot owner
• The Owners – Strata Plan No. 3004 owners corp

The Smiths' appeal was dismissed; the Magistrate's decision to limit loss of rent damages to three months was upheld as the Smiths failed to mitigate their loss by choosing not to rent the unit while repairs were undertaken, despite there being no safety concerns.

• Leigh Allsopp lot owner
• The Owners - Strata Plan No 6006 owners corp

Leave to appeal was refused and the appeal was dismissed, with the appellate tribunal finding no error of law or appellable error of fact in the first instance tribunal's decision to dismiss the application for compulsory appointment of a strata managing agent.

• Coscuez International Pty Ltd lot owner
• The Owners – Strata Plan No 46433 owners corp

The Tribunal made a common property rights by-law proposed by the lot owner, declared three special by-laws invalid as harsh, unconscionable or oppressive, and dismissed the owners corporation's application for removal of the swinging door.

• The Owners – Strata Plan No 16857 owners corp
• Peter Barnett Hyman lot owner
• Janiene Hyman lot owner

Leave to appeal was refused and the Tribunal's interlocutory decision requiring production of an acoustic expert report was upheld, as the report was prepared for the dominant purpose of filing in the Tribunal rather than for provision of professional legal services and thus not subject to legal professional privilege.

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

The application was dismissed because it was filed outside the two-year statutory limitation period under section 106(6) of the Strata Schemes Management Act 2015, and the Tribunal does not have jurisdiction to extend this time limit under section 41 of the NCAT Act.

• Georgette Benson lot owner
• The Owners, Strata Plan No 17676 owners corp

The appeal was dismissed; the Tribunal's decision requiring Ms Benson to permit access to her lot for replacement of brushwood fencing as authorised common property work was upheld, and her cross-claim for a by-law was rejected.

• Maurice Clifford Westerweller lot owner
• The Owners - Strata Plan No. 18482 owners corp

The application for appointment of a compulsory strata managing agent was dismissed as the consent orders regarding roof repairs had been complied with and no grounds for appointing a compulsory manager under section 237 of the Strata Schemes Management Act 2015 were established.

• Nicholas Miroforidis and Alexandra Miroforidis lot owner
• The Owners - Strata Plan No 75809 owners corp

The Tribunal ordered the owners corporation to pay the lot owner $24,860 in damages for breach of its duty to keep and maintain common property in a state of good repair, comprising $5,940 for repairs and $18,920 for loss of rental income.

CORPORATIONS — Voluntary winding up — Practice and procedure — Leave to continue proceedings in circumstances where final hearing is one week away

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

• The Owners – Strata Plan No 90189 owners corp
• Parkview Constructions Pty Ltd builder

The defendant's motion for an advance ruling under section 192A of the Evidence Act seeking to exclude expert reports was dismissed, and the plaintiff was awarded indemnity costs from the date of the Calderbank letter because the defendant's rejection of the walk away offer was unreasonable given the motion's lack of merit and the plaintiff's prior warnings.

PRACTICE AND PROCEDURE – adjournment – application by plaintiff on morning of hearing – no basis – evidence provided inadequate – no utility in granting adjournment – application for adjournment refused

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

• Darren De-La-Garde lot owner
• The Owners – Strata Plan No 3260 owners corp

The parties settled all substantive issues by consent; the Tribunal ordered the respondent to pay 60% of the applicant's costs on the ordinary basis, rejecting the applicant's claim for indemnity costs.

• Michael Young lot owner
• The Owners – Strata Plan No 57860 owners corp

The applicant was awarded costs of $5188.54 against the owners corporation due to special circumstances, specifically the owners corporation's unreasonable prolongation of proceedings by failing to comply with a tribunal order to repair water ingress and instead delegating its statutory repair obligation to an insurer.

• Tania Kathleen Anne Brown lot owner
• The Owners – Strata Plan 82527 owners corp

The Appeal Panel set aside the July 2022 orders by consent due to procedural irregularity in combining a civil penalty application with general orders, and remitted the matter for a fresh hearing in November 2022 with amended application to seek removal of dogs and compliance orders without the penalty.

• The Owners - Strata Plan No 19410 owners corp
• Robert King and Victoria King as trustees for the Cascade Trust lot owner

The appeal against the Tribunal's order that the owners corporation pay $70,551.99 damages for loss of rent caused by water ingress and mould in the second bedroom was dismissed.

• Adam Emery Kaye, Bella Rebecca Kaye, Robert George Kaye lot owner
• The Owners – Strata Plan No 4350 owners corp

The Supreme Court dismissed the plaintiffs' appeal from the NCAT Appeal Panel decision which had upheld the owners corporation's refusal to pass a by-law granting the plaintiffs exclusive use and enjoyment of additional roof area.

• The Owners – Strata Plan No 90189 owners corp
• Parkview Constructions Pty Ltd builder
• Sydney Olympic Park Authority developer

The Court dismissed the builder's motion seeking an advance ruling that expert reports were inadmissible, finding it premature and inappropriate to use section 192A of the Evidence Act where the parties had agreed to a Scott Schedule procedure and no trial date had been allocated.

• The Owners – Strata Plan No 80211 owners corp
• Control Services Pty Ltd contractor
• Geordie Killen party

The appeal was dismissed and leave to appeal was refused; the appellant failed to establish that damages claimed for rectification costs were consequential losses flowing from the respondents' breach in issuing non-compliant Annual Fire Safety Statements.

• The Owners - Strata Plan No 10717 owners corp
• Daryl Mantell and Diane-Louise Taylor lot owner

The Tribunal dismissed the lot owner's application for costs, finding no special circumstances warranted a costs order despite the owners corporation's withdrawal of penalty proceedings.

• Susan Kuzmanovic lot owner
• Alan Peacock lot owner
• The Owners – Strata Plan No. 43576 owners corp
• Premium Strata Pty Ltd manager

Premium Strata Pty Ltd was appointed as strata managing agent for 12 months; Kuzmanovic's claim for rental damages of $14,200 was dismissed as she failed to establish any loss from the breach of statutory duty.

• The Owners – Strata Plan No 2341 owners corp
• P & M Sachs Pty Ltd lot owner

The appeal by the owners corporation against the first instance decision was dismissed; the tribunal's order for the owners corporation to repair common property to prevent asbestos ingress to lot 8 and pay $80,360 in damages was upheld.

• Walker Corporation Pty Limited lot owner
• The Owners - Strata Plan No 61618 owners corp
• Robert Edmund Quickenden lot owner
• The Owners - Strata Plan No 61770 owners corp
• The Owners - Strata Plan No 61619 owners corp
• McCormacks NSW Pty Limited manager
• Strata Choice Pty Limited manager

The court declared that article 8.11 of the Strata Management Statement and the corresponding by-laws requiring owners corporations to appoint the building management committee's appointed managing agent as their strata managing agent are invalid and unenforceable as inconsistent with the Strata Schemes Management Act 2015.

LAND LAW – Strata title – common property – maintenance of common property – breach – damages

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

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

The respondent was ordered to pay a pecuniary penalty of 35 penalty units ($3850.00) for contravening Tribunal orders made on 3 June 2021, with the penalty stayed pending determination of to whom it should be paid.

COSTS - costs on appeal - whether special circumstances established

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

REVIEW: review of a

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

• Yu Wang lot owner
• The Owners – Strata Plan No. 88789 owners corp

The Owners Corporation was ordered to pay $3,604.00 for water damage and loss of rent caused by defective waterproofing in February 2022, but claims for earlier periods were dismissed as out of time or made during a lawful deferral period.

• Alan Norman lot owner
• The Owners – Strata Plan No 60182 owners corp

The application was dismissed; the tribunal found no grounds to invalidate the by-law, determined the flooring works were compliant, declined to award the applicant legal costs, and made no order for removal of committee members.

• Julie Ann Crespel lot owner
• The Owners – Strata Plan No 66165 owners corp
• Ben Collis lot owner

The application was dismissed; however, between hearing days the owners corporation approved remedial works addressing the applicant's water ingress and building defects claims, and the second respondent resigned from the strata committee, with costs to be determined separately.

• The Owners – Strata Plan No. 6522 owners corp
• Daniel Michael Sullivan lot owner
• Kirsten Ann Sullivan lot owner

The Tribunal extended the interim order restraining the Sullivans from carrying out unauthorized works to redirect a waste pipe to the external wall of lot 31 until 5pm on 3 October 2022, finding the works were not authorized by Special By-Law 52 and required separate approval as common infrastructure.

• Stephen Travis lot owner
• The Owners - Strata Plan No 48216 owners corp

The application for interim orders requiring the strata managing agent and its director to hold the positions of Chairmanship and Secretary at an extraordinary general meeting was dismissed for failing to properly seek relief under section 237 of the Strata Schemes Management Act and for lack of urgent considerations justifying interim relief.

• The Owners - Strata Plan No 47383 owners corp
• Hugh James McCullum lot owner

The appeal was dismissed and the lot owner was entitled to enclose his car space under by-law 16 as it constituted a safety device and pest control measure, with no inconsistency with section 58 of the Strata Titles Act 1973.

• 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 90018 owners corp
• Parkview Constructions Pty Ltd builder
• The Quay Haymarket Pty Ltd developer

The plaintiff was granted leave to amend its Technology and Construction List Statement to add claims under the Design and Building Practitioners Act 2020 and to include new defects regarding external façade, window glazing, and stairwell pressurisation systems, with the defendants ordered to pay the plaintiff's costs of the Notice of Motion.

• Gordon Wells lot owner
• The Owners - Strata Plan No 12159 owners corp

The owners corporation was ordered to perform drainage and waterproofing works to the underground garage within 10 weeks to remedy water ingress and comply with its duty to maintain common property in good and serviceable repair.

• Alexander Boutenko lot owner
• The Owners - Strata Plan No 77480 owners corp
• O Neill Strata Management Pty Ltd manager

The applicant's claim for damages for loss of rental income was dismissed as being outside the limitation period under s 106(6) of the Strata Schemes Management Act 2015 (NSW), but a compulsory strata manager was appointed for two years to address the longstanding water ingress issues in the building.

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

The Appeal Panel dismissed the respondents' application for costs, finding that rules 38 and 38A were not applicable as the amount in dispute did not exceed $30,000, and that special circumstances had not been established under section 60 of the NCAT Act.

STRATA SCHEMES – Whether a member of the committee should be removed from office, whether the Owners Corporation has unreasonably refused to make a By-law permitting the installation of solar panels on common property

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

• The Owners – Strata Plan No 79749 owners corp
• Ian Lawrence Dunstan lot owner
• Kristine Margaret Dunstan lot owner
• Rory McCrudden party

The Appeal Panel dismissed the Respondents' application for costs against Mr McCrudden personally in respect of the appeal proceedings, finding that Mr McCrudden's conduct, while lacking standing, did not constitute special circumstances warranting a costs order due to early withdrawal, absence of unreasonable conduct, and lack of evidence as to quantum.

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

Special By-Law 17 was declared invalid on and from 14 July 2020 as being harsh, unconscionable and oppressive, and the owners corporation was ordered to record this declaration on the common property title.

• Timothy John Chalmers lot owner
• Shellie Ann Tancred lot owner
• The Owners – Strata Plan No. 19378 owners corp

The respondent's application for costs following settlement of proceedings concerning water ingress repairs was dismissed, with the Tribunal finding it inappropriate to conduct a detailed factual enquiry into the parties' conduct where proceedings had settled without determination on the merits.

• GS & CS Holdings Pty Ltd lot owner
• The Owners – Strata Plan No. 63227 owners corp

The Appeal Panel dismissed the respondent's application for costs following dismissal of the appellant's appeal against a Tribunal decision refusing to prescribe a by-law concerning rooftop enclosures, finding no special circumstances warranted a costs order.

• Adam Emery Kaye lot owner
• Bella Rebecca Kaye lot owner
• Robert George Kaye lot owner
• The Owners – Strata Plan No 4350 owners corp

The Appeal Panel found special circumstances warranting costs and ordered the appellants to pay the respondent's costs of the appeal as agreed or as assessed.

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

The appeal was upheld and orders terminating the Caretaker's Agreement were set aside because clause 5(7) of schedule 4 of the NCAT Act precluded the Tribunal from having jurisdiction to determine issues that were the subject of pending Supreme Court proceedings.

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Limited builder
• Madarina Pty Limited developer

Application to dismiss proceedings against the developer defendant refused and plaintiff granted leave to file amended pleading to pursue claim that the developer carried out construction work in breach of statutory duties under the Design and Building Practitioners Act 2020.