Decisions table

• RL Company Holdings PL t/as Swimart North Strathfield contractor
• The Owners – Strata Plan No 88564 owners corp

The appeal was allowed, the primary refund order was set aside, and the strata scheme was ordered to immediately repay $11,331.81 to the supplier; the matter was remitted for re-hearing before a differently-constituted tribunal due to procedural unfairness and inadequate reasoning on the central issues of breach and causation.

• 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.

COMMITTEE MOTION – CODE OF CONDUCT – where the committee did not pass a motion submitted by the applicant – whether it failed to act reasonably – whether the committee code of conduct was breached – whether the body corporate should be required to implement the motion – whether sanctions should be imposed – COSTS – whether the application is vexatious, misconceived or without substance – whether costs should be awarded. Act, ss 100, 101B, 270

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

BY-LAWS - whether the volume and nature of communications from the respondent breach the by-laws. Act, s 59

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

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

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

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

• 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.

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

• Alexandr Troyanovsky lot owner
• The Owners – Strata Plan No 1260 owners corp

The appeal of procedural orders made by the Tribunal was dismissed; the application to extend time for filing the notice of appeal in relation to orders (1) to (5) was refused, and the appeal against order (6) was dismissed.

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

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

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

The proceedings were transferred to the NSW Civil and Administrative Tribunal due to overlapping jurisdictional issues between the Supreme Court claim for unpaid levies and cross-claim for water damage already before NCAT.

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

• Ausbao (286 Sussex St) Pty Ltd lot owner
• The Owners – Strata Plan No. 100777 owners corp

The defendant's motion to stay proceedings was dismissed; the court found the dispute regarding validity of convening general meetings was not about the Strata Management Statement and therefore did not fall within the expert determination procedures.

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

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

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.

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• Max Build Pty Ltd builder
• The Owners – Strata Plan No 54026 owners corp
• TOP Consulting Group (NSW) Pty Ltd consultant

The Owners Corporation's motion for further particulars and document discovery was largely dismissed; limited further particulars were ordered from Max Build on specific issues, and the Owners Corporation was ordered to pay TOP's costs of the motion forthwith.

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

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

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

• 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.

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

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

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

• William Fegent lot owner
• The Owners - Strata Plan No 6544 owners corp

The Tribunal dismissed the applicant's application to invalidate resolutions relating to window replacement, finding that Motion 7 was a valid sustainability infrastructure resolution passed by simple majority and that the required consideration of costs under section 132B(1)(a) was met before the vote.

• 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.

Two-lot scheme - Commercial premises - Application for costs by strata company - Onus on party seeking costs - Offers to settle - Whether offers made comply with State Administrative Tribunal Rules 2004 (WA) - Nature of dispute - Conduct of parties - Whether fair and reasonable to award costs - Objectives of Tribunal - How costs are to be considered in the exercise of discretion conferred on Tribunal - Broad brush approach as a matter of impression and without attempt at mathematical precision

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

• Angela Nicholson lot owner
• The Owners - Strata Plan No 104042 owners corp
• Veinita Wodrow lot owner

Special By-Law 1 regulating short-term rental accommodation was declared invalid in its entirety as harsh, unconscionable and oppressive due to administration fee and bond provisions, and application for compulsory strata managing agent was dismissed.

Preliminary issue whether complaint withdrawn before Building Commissioner and therefore not referred to the Tribunal - Preliminary issue as to the scope of a complaint item which has been referred to the Tribunal by the Building Commissioner - Heritage development - Whether works faulty or unsatisfactory - Exercise of discretion in making building remedy order

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

• Owners Corporation PS536794T owners corp
• Hannah-Genevieve Novak lot owner
• Vasiliki Maragkou lot owner

A lot owner application for costs, after the owners corporation withdrew its common-property waterproofing claim, was dismissed.

• 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.

• Jo-Anne Quirk lot owner
• The Owners - Strata Plan No 94627 owners corp

The owners corporation was ordered to pay the lot owner $100,996.02 for damage caused by water ingress through common property defects, plus ongoing rental compensation at $650 per week until commencement of remedial works and $1,150 per week during the works period.

• 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.

Owners Corporations

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

• The Owners-Strata Plan No 102171 owners corp
• Ceerose Pty Ltd builder
• Zone Q Milsons Point Development Pty Ltd developer
• Southern Cross Climate Control Pty Ltd contractor

The owners corporation succeeded against the builder and developer for breach of statutory warranties and obtained a work order to rectify defects by 20 March 2026; the builder's claim against the sub-contractor was dismissed; and the developer's claim against the builder for indemnity was dismissed.

• The Owners - Strata Plan No 16460 owners corp
• Hunter Water Corporation government

The plaintiffs succeeded in their damages claim for physical damage to townhouses caused by flooding; the defendant was ordered to pay the plaintiffs' costs of the proceedings except for costs equivalent to half a hearing day relating to the unsuccessful section 22 claim.

• The Owners Strata Plan No 73224 owners corp
• Ikon Realty Pty Ltd t/as Ikon Strata manager
• Verghese Lazarus lot owner

Application to terminate the strata management agreement was dismissed; no order as to costs was made, with each party to pay its own costs.

• The Owners – Strata Plan No 99170 owners corp
• MN Builders Pty Ltd builder
• Coronation (26 Shepherd St) Pty Ltd party
• Coronation (28 Shepherd St) Pty Ltd party

The court upheld the existing costs orders awarding the defendants the costs of their motion to vacate the trial and costs thrown away, rejecting the plaintiff's submission that such costs be costs in the cause, due to the plaintiff's default in serving evidence in accordance with directions.

• 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.

APPEAL – STRATA TITLE- costs

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

• Philip Kentwell and Dorothy Kentwell lot owner
• The Owners – Strata Plan No. 2056 owners corp

The applicants succeeded in having Special By-law 31 declared invalid as harsh, unconscionable or oppressive; no order made for costs as special circumstances not established, but applicants entitled to benefit of section 104 SSMA; respondent ordered to remove the by-law within 30 days.

• The Owners Strata Plan No 87881 owners corp
• The Owners Strata Plan No 88765 owners corp
• The Owners Strata Plan No 89262 owners corp
• Fortius Broadway No 1 Pty Ltd lot owner
• Frasers Broadway Pty Ltd developer
• Frasers Central Park Land No 1 Pty Ltd developer

The court dismissed the plaintiffs' proceedings as an abuse of process and ordered the plaintiffs to pay the defendants' full costs of the proceedings.