Decisions table

BY-LAWS – whether the respondent breached the by-laws by painting the roof of her lot in a different colour – whether she must repaint the roof. Act, ss 59, 182-188

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

IMPROVEMENT TO COMMON PROPERTY – whether an electric vehicle charging station installed in the common property basement car park is a hazard – whether the decision to install the charging station required a general meeting resolution – whether the installation decision was unreasonable – whether the committee’s decision not to obtain a safety report on the charging station was unreasonable. Act, ss 94, 100, 159; Standard Module, s 186

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

• 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.

GENERAL MEETING MOTIONS – where motions to install a new electric gate on common property were deemed to have passed by ordinary resolution despite proposing expenditure above the “ordinary resolution improvement range”; whether the resolutions should be deemed void. Act, s 106(3)(b); Standard Module, ss 162(2), 186(1)(c).

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

BY-LAW – whether a recording device on common property is in contravention of the by-laws and must be removed. Act, ss 10(2), 59(2)(a), 169(1), 180(1), 180(7), 205; Standard Module, ss 58, 86, 187; Acts Interpretation Act 1954, s 48A(1).

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

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

• 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.

REASONABLENESS – whether the body corporate acted reasonably in passing a motion to enter into new caretaking and letting agreements - whether the committee acted reasonably in proposing the motion to a general meeting of the body corporate. Act, ss 94(2), 100(5); Accommodation Module, s 125.

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

Owners Corporations; Costs

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

ADMINISTRATOR – where Glenhaven Estate has no valid body corporate committee or body corporate manager exercising the powers of the committee and the 2024 annual general meeting is overdue; whether to appoint an administrator to call and conduct an annual general meeting. Act, ss 276(4), 278, 301; Standard Module, ss 7, 9(4), 13(1), 16(4), 38(4), 74(2)(b)-(c).

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

REASONABLENESS of COMMITTEE RESOLUTIONS to refer unpaid contributions to a debt collection agency and charge owner for costs of meeting authorising that. Act, ss 94, 95, 100(5), 150(2), 180(6); Accommodation Module, ss 152, 153, 154, 155, 156

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 — Costs

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

COMPENSATION – where the applicant seeks reimbursement for claimed expenses and lost income – whether the amounts claimed are substantiated – whether there is a legal basis to make the orders – whether orders sought are still relevant or required. Act, ss 239C, 270(1)(e); Standard Module, ss 180, 211

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

INSURANCE – whether the body corporate’s insurance over the common property ought to cover damage caused by flooding. Act, s 280; Small Schemes Module, ss 114, 116.

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.

COMMITTEE EXPENDITURE Standard Module, ss 172-174

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

• 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.

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 94(2), 97, 130; Accommodation Module, Chapter 3, Part 4

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

MAINTENANCE – whether the respondent is required to contribute to maintenance of a boundary wall shared with the applicant. COSTS – whether the respondent is required to pay for the costs of conciliation and adjudication applications. Act, ss 160, 280; Standard Module, s 211.

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

MAINTENANCE; PROPERTY DAMAGE – The applicant says the interior of her lot was damaged because the waterproof membrane on the roof and the external walls were not properly maintained by the body corporate. She asks that the body corporate repairs the membrane, walls, and interior of her lot. Act, ss 270(1)(c), 281; Accommodation Module, ss 50, 60(3), 170(1), 201(3).

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

• 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.

ADMINISTRATOR – whether an administrator should be appointed – who should be appointed, with what powers, and for how long. Act, ss 276, 278, 301

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

Building and Property

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

• 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.

APPLICATION FOR INTERIM ORDER – where the applicant seeks an interim order to prevent an extraordinary general meeting from taking place – whether the interim order should be granted in the circumstances. Standard Module, ss 44, 65, 68, 82, 121

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

GENERAL MEETING MOTION – REASONABLENESS. Act, ss 94(2), 101(2), 276(1)(a); Standard Module, s 184

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

MAINTENANCE – where roofing membrane is on common property allocated under an exclusive use by-law – extent of body corporate’s responsibility for maintenance – liability for damage resulting from failure to maintain roofing membrane RES JUDICATA– where same matter has previously been litigated. Act, s281; Standard Module, ss 180, 187, 192(2) & 192(3)

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

REASONABLENESS; GENERAL MEETING MOTIONS – The body corporate failed to take any action with respect to a privacy screen that was removed from a lot balcony, affecting the privacy and amenity of the applicant’s neighbouring lot. A general meeting motion to reinstate the screen was voted down. The applicants argue the body corporate acted unreasonably, beyond its statutory functions, and it should reinstate the screen. Act, ss 94(1)(a), 94(2); Land Title Act 1994, ss 48C, 49C(4).

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

MAINTENANCE – in building format plan - where body corporate is responsible for major repairs to structural elements of the building ADMINISTRATOR APPOINTED – to perform obligations of the Body Corporate - where appointment is to run until 31 December 2023 unless the term is extended. Act ss 152, 227, 228, 276, 281; 301 Standard Module, s 159.

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

REASONABLENESS – whether the body corporate acted reasonably in passing a motion relating to repairs of the scheme’s roof; ADMINSTRATOR – whether an administrator should be appointed. Act, ss 94, 152, 276, 301; Standard Module, s 180

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

COMMITTEE MOTION – whether motion proposed spending in excess of committee spending limit and was above major spending limit requiring two quotes; REASONABLENESS – whether committee acted reasonably in the circumstances when it decided to engage a particular law firm. Act, s 100(5); Standard Module, ss 172 and 173

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

DISMISSAL – ADJUDICATORS POWER The applicant lot owners allege the respondent body corporate failed to maintain common property, and that the applicants have thereby suffered property damage and economic loss. The applicants seek orders that the body corporate compensate them for repair costs so incurred and remedy the applicants’ economic losses. The parties note that an adjudicator lacks power to make the requested maintenance order to the extent the cost exceeds the monetary limit for an adjudicator’s order, and contend that an adjudicator also lacks power to make the requested order for economic loss. The parties agree that the issues are so complicated as to be unsuitable for decision in this jurisdiction, and that there is another related dispute with a separate party. The question for determination is whether it is appropriate to dismiss the application on the basis that the dispute should be dealt with in a court or tribunal of competent jurisdiction. Act, s 270(1)(b)

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

BY-LAWS – whether the respondents have contravened by-laws prohibiting damage and obstruction of common property; whether the respondents have contravened a by-law requiring them to maintain and repair their fence. Act, ss 169, 182.

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

INSURANCE EXCESS – where water ingress from the failure of a tap in a lot caused damage to the lot below –where the body corporate resolved to pass the cost of the insurance excess on to the owner whose tap failed - whether the decision was unreasonable. Act, s 94(2), 100(5); Accommodation Module, ss 170, 201, 203

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

MAINTENANCE – whether the body corporate must undertake repairs. Standard Module, ss 180, 211

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

GENERAL MEETING MOTIONS – whether the body corporate failed to act reasonably in deciding motions – FINANCIAL MANAGEMENT – whether the body corporate must audit previous statement of accounts. Act, s 94(2); Standard Module, s 176

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

FINANCIAL MANAGEMENT – whether the body corporate must audit its statement of accounts. Standard Module, s 176

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

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing permission for the applicants’ dog – whether any permissible grounds of refusal apply. Act, ss 94(2) and 169B; Standard Module, ss58A and 58B

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

• 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.

FINANCIAL MANAGEMENT – whether the body corporate must audit its statement of accounts. Standard Module, s 176

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

Owners Corporations

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

INTERIM ORDER – whether warranted; REASONABLENESS of committee failing to respond to request to vary access condition for keeping pets on basis of new report. Act, ss 100(5), 279

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

REASONABLENESS – where the body corporate committee has imposed an access condition on the applicant’s approval for her dog – whether it was unreasonable for the body corporate to have imposed the condition. Act, ss 94, 100, 242

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

JURISDICTION; BODY CORPORATE DEBT – whether an adjudicator can order a body corporate to not claim costs incurred for the recovery of late contributions from a lot owner; whether such recovery costs come within the definition of a body corporate debt. Act, ss 31, 229A(3)&(7); Standard Module, ss 10(2)(d), 102(2), 162(1)(a), 166(1).

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

MAINTENANCE; REASONABLENESS – Whether the body corporate committee acted unreasonably when it resolved to reimburse some owners’ expenditure on maintenance that should have been carried out by the body corporate, but refused to reimburse the applicant’s expenditure on similar maintenance. Act, s 100(5); Commercial Module, s 127(2)(a)(ii).

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

MAINTENANCE OF LOT – obligation of lot owner to maintain DAMAGE TO PROPERTY - whether damage has been caused to Lot 45 by ingress of water from lot 48 above - whether the owner of lot 48 is liable for repairs to Lot 45. Act, s 281; Standard Module, s211

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

BY-LAWS – whether the respondent has contravened a by-law prohibiting obstruction of common property; whether the respondent is required to remove personal items and rubbish from common property. Act, ss 169, 182.

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

COMMITTEE MOTON – whether the committee has an obligation to consider a motion submitted by a member of the body corporate – whether a committee can decline to decide a motion on the basis of a debt owed by the member of the body corporate Act, ss 94, 100; Accommodation Module, s 50

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