Decisions table

• Owners Corporation PS628502Y owners corp
• 4S Constructions Pty Ltd (in liquidation) builder
• Mr Farag party

The builder, in liquidation, was ordered to pay the owners corporation 2,869,892 dollars for breach of building warranties in the common property.

BUILDING AND CONSTRUCTION – residential building work in a strata scheme – home building claim on remitter from Appeal Panel – breaches of statutory warranties in Home Building Act 1989 - preliminary issues in redetermination proceeding – work order (s 48MA) or money order (s 48O(1)(a)) – whether bathroom falls are defective – proper interpretation of AS 3740-2010 – whether mandatory falls ratios or performance based criteria apply

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

BUILDING AND CONSTRUCTION – residential building work in a strata scheme – home building claim on remitter from Appeal Panel – breaches of statutory warranties in Home Building Act 1989 - preliminary issues in redetermination proceeding – work order (s 48MA) or money order (s 48O(1)(a)) – whether bathroom falls are defective – proper interpretation of AS 3740-2010 – whether mandatory falls ratios or performance based criteria apply

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

STRATA SCHEMES: Obligations to repair – compulsory appointment of strata managing agent

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

• Griffinchuk No 1 Pty Ltd ATF Griffinchuk Family Trust lot owner
• The Owners – Strata Plan No 92745 owners corp

The appeal was dismissed as the Tribunal correctly found it had no jurisdiction to hear the appellant's water ingress claim because the appellant was not an 'interested person' under section 232 of the Strata Schemes Management Act 2015 (NSW) after selling the lot on 21 December 2023.

JUDGMENTS AND ORDERS — Application to vary orders — Where head of claim dismissed by primary judge on particular basis — Where basis successfully disturbed on appeal — Where head of claim not reagitated on appeal — Where Court of Appeal referred “remaining amounts claimed” to referee — Whether head of claim included in reference — Whether orders should be varied to include head of claim in reference

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.

• Lana Sage lot owner
• The Owners – Strata Plan No 81440 owners corp

The Appeal Panel refused the appellant's applications for non-publication of the decision and anonymisation of her identity, finding the presumption of open justice had not been displaced and no desirability for suppression orders under section 64 of the NCAT Act had been established.

• Ceerose Pty Ltd builder
• Prisand Investments Australia Pty Limited ACN 105 064 239 developer
• The Owners – Strata Plan No 89074 owners corp

The Court of Appeal dismissed the appellants' appeal and upheld the primary judge's decision adopting the referee's reports, which found the respondent owners corporation was not required to provide the builder with further opportunities to rectify defects and was entitled to judgment for approximately $1.95 million in rectification costs.

Owners Corporations

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

• Stephen Bartlett lot owner
• The Owners – Strata Plan No 12375 owners corp

The Tribunal determined the separate questions in favour of the applicant, finding the Tribunal had jurisdiction and that consent order 2 recognised a credit of $3,000 against refund of levies, and ordered the respondent to pay the applicant's costs on an ordinary basis up to 10am on 21 February 2025 and on an indemnity basis thereafter.

• Peter Robins Herbert lot owner
• The Owners - Strata Plan No 37812 owners corp

The owners corporation is ordered to engage a suitably qualified and licensed contractor to carry out waterproofing works to the main bathroom and ensuite of the applicant's lot in accordance with the scope of works Item 3.1 in the structural report dated 20 June 2024.

STRATA SCHEMES: Removal of strata committee members – compulsory appointment – repair of common property -

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

• Australia City Properties Management Pty Limited manager
• The Owners - Strata Plan No. 65111 owners corp

The proceedings were dismissed and the Owners Corporation was ordered to pay ACPM's costs of $20,000 as the Binding Heads of Agreement was not implemented by the 30 June 2025 deadline, triggering the fallback provision requiring dismissal with costs in favour of ACPM.

• The Owners – Strata Plan No 100339 owners corp
• SHLACDZ Pty Ltd t/as S Building & Facility Management manager

The Tribunal dismissed the owners corporation's application to terminate the building manager or vary its contract, and refused the building manager's late costs application, making no order as to costs of the proceedings.

Strata titles - Preliminary issue - 'Scheme dispute' - Whether applicant is a 'scheme participant' - Sale of lot

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

• Lana Sage lot owner
• The Owners – Strata Plan No 81440 owners corp

Leave to appeal was refused and the appeal was dismissed; the respondent's application for costs was also refused.

APPEAL- allocation of insurance premiums between owners corporations each owning part of the same building- consideration of ss160,161 and 162 of the Strata Schemes Management Act 2015- whether policies compliant with statutory requirements and consequences of noncompliance- relationship between statutory requirements and terms of a strata scheme management statement.

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

• Cathie Galliott lot owner
• Susie Elelman lot owner
• Jai Galliott lot owner
• Michele Selwyn lot owner
• The Owners – Strata Plan No 43251 owners corp
• Joe Kalgovas party

The summons issued to Joe Kalgovas requiring his attendance at the final hearing was set aside because the applicants failed to identify any legitimate forensic purpose for calling him as a witness and did not comply with directions to specify what evidence he would give.

BUILDING AND CONSTRUCTION – Strata Scheme – Building Defects – expert evidence that the cost of rectifying the Defects exceeds $500,000 - application to transfer to the District Court granted – application for a work order refused

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

• 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

Proceedings dismissed under r 13.4(1)(c) as the relief sought can and should be pursued in four existing building-defects proceedings already on foot.

Owners Corporations; Costs

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

Enforcement - State Administrative Tribunal Act 2004 (WA) s 86(2)(c) - Application for certificate of enforcement of non-monetary order - Factors for consideration - Whether order is appropriate for filing in the Supreme Court - Whether evidence of non-compliance - Whether order clear and unambiguous - Whether agreed to accept performance in different way - Whether other means to secure performance - Enforcement of orders made pursuant to Strata Titles Act 1985 (WA) s 47(5) - Order to remove dog from strata scheme - Prima facie evidence of non-compliance - Appropriate to issue certificate - Suitable for enforcement

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

• The Owners Strata Plan no 74482 owners corp
• YNW lot owner

The Appeal Panel dismissed the owners corporation's appeal and ordered it to pay the respondent's costs of the appeal on the ordinary basis, finding special circumstances warranted a costs order due to the unmeritorious and unreasonably prolonged appeal.

Application seeking resolution of scheme dispute - Common property - Exclusive use by-law - Patio/pergola - Flashings - Gutters - Downpipes - Structure - Finishes - Replacement brickwork - Mediation agreement - Expert evidence - Non-expert evidence - Discretionary powers of Tribunal to make declarations and orders

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

• Deepti Baluri lot owner
• The Owners – Strata Plan No 11258 owners corp

The appeal of the lot owner was dismissed; the primary decision dismissing claims for water damage from sewerage entry and front courtyard pipe overflow was upheld, with only the planter box issue having succeeded at primary level.

Strata titles - Scheme dispute - Scheme participants - Resolution of a scheme dispute - Application for interim order - Multi-level residential dwelling - Unauthorised structural alterations to a lot - Water egress from lot to other lots in the scheme - Strata company permitted to compel access to inspect lot - Interim order made by reason of urgent circumstances

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

PARTIES – joinder of party – modification of development consent to extinguish easement – easement in gross benefitting local council – servient owner obstructing easement – public body litigating to remove obstruction – extinguishment of easement would affect public body’s contingent right in easement and interest in litigation – joinder of public body necessary and in interests of justice – public body seeks to raise issues concerning power to approve modification – issues otherwise not suffic

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

Whether appropriate to award costs - Respondent's application for costs dismissed

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

Whether appropriate to award costs - Respondent's application for costs dismissed

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

• Yan Ping Chen lot owner
• The Owners – Strata Plan No 55792 owners corp

The appeal was dismissed; the Tribunal's orders requiring the respondent to engage licensed persons to carry out specified renovation work and replacement of the shower door within two months were upheld, and the appellant was ordered to pay the respondent's costs.

• Mexia (Leah) Gao lot owner
• The Owners Strata Plan No 100946 owners corp
• Ruilang Jiang lot owner
• Huijun Yan lot owner

The Owners Corporation was ordered to restore the original '103' marking to the parking space of lot 7, but the applicant's claims for compensation and declarations regarding the easement were dismissed, as was the respondents' cross-claim, as the dispute relates to a registered easement outside the Tribunal's jurisdiction.

• 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 pay Jessica Silberstein's costs on the ordinary basis; Jessica Silberstein must pay the first respondent's costs regarding linear drains and tiled surfaces issues, and must pay costs to the strata manager and other respondents; Michael Adamo and Michael Hans Engelbert to bear their own costs; The Owners Strata Plan No 55468 may levy all lots except those of Jessica Silberstein to raise funds for damages and costs, with reimbursement to her for any contributions used for such purposes.

• Robert Angelo Paul Russo lot owner
• The Owners - Strata Plan No 53188 owners corp

The appeal was allowed and the matter concerning costs for work order claims was remitted to Senior Member Alkadamani for re-determination, as the Tribunal erred by applying section 60 of the NCAT Act requiring special circumstances rather than the correct approach under rule 38.

Owners Corporations

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

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang lot owner

The plaintiff's application for default judgment was dismissed and the defendant was granted an extension of time to comply with court orders, with the defendant's solicitor ordered to pay the plaintiff's costs on an indemnity basis.

LAND LAW — strata title — common property — staged development — interpretation of strata plan of subdivision excepting “pipes, wires, ducts, and cables” from lot property — whether gutters and downpipes fall within exception as “pipes”. LAND LAW — strata title — owners corporation — powers, duties, rights and liabilities — duty to maintain and repair common property — breach of duty — failure to repair gutters and downpipes over extended period — whether specific work order necessary to ensure

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

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

The plaintiff's appeal to the Supreme Court of the NCAT Appeal Panel decision was dismissed and leave to appeal was refused, with the plaintiff ordered to pay the defendant's costs.

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.

Owners Corporations

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

UNIT TITLES – application for an order to give effect to an unsuccessful motion for a resolution at AGM – multi-unit development consisting of townhouse and apartment units built in two stages – where stage two builder had gone into administration leaving multiple, significant defects affecting apartment units and common property – proposal to adopt a split budget under which the proportional share of total general fund contribution for certain costs would be reallocated to apartment units only – opposition to motion not unreasonable – application dismissed Legislation cited: Unit Titles (Management) Act 2011, s 24, 35, 36, 73, 75, 77, 78, 108, 129, Schedule 2 ss 2.5, 2.7-2.10, Schedule 3 ss 3.28-3.29 Unit Titles Act 2001

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

• The Owners – Strata Plan No 72250 owners corp
• Anthony David Nugent lot owner
• Frances Christine Nugent lot owner
• Deborah Lee Harry lot owner
• Yangura Pty Ltd as trustee for the David Nugent Family Trust party

The Appeal Panel dismissed the owners corporation's appeal and ordered the owners corporation to pay the respondents' costs of the appeal on the ordinary basis, with those costs not to be paid from contributions levied on specific lot owners or from the administrative or capital works funds, but may be recovered by striking a levy on other lots.

Whether appropriate to award costs - Second Respondent to pay Applicant a portion of costs claimed - Second Respondent's application for costs dismissed

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

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

Judgment for the plaintiffs in the agreed sum of $1,161,841.92 for physical damage caused by a burst water main owned and operated by the defendant, with the defendant liable for nuisance despite acting reasonably, and the stigma claim rejected.

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

CIVIL PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 20.29 – offer of compromise – whether Magistrate applied subjective test of contractual formation – no error APPEALS – Local Court Act 2007 (NSW), ss 39, 40, 41 – ground of appeal raised question of fact – no basis upon which to grant leave

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

• Paul Zheng lot owner
• The Owners – Strata Plan No 83678 owners corp
• Mr Khatib lot owner

The plaintiff was granted leave to conduct an appeal on behalf of the Owners Corporation notwithstanding a resolution passed by bare majority to withdraw the appeal, applying an exception to the rule in Foss v Harbottle as justice required.

CIVIL PROCEDURE — Court of Appeal — application for leave to appeal — whether primary judge constructively failed to exercise jurisdiction in determining whether the respondent had breached its obligations under s 106 of the Strata Schemes Management Act 2015 (NSW) — where none of the applicant’s contentions of error identified any arguable constructive failure to exercise jurisdiction by primary judge — where applicant therefore failed to identify issue of principle, question of public importan

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

APPEAL – STRATA TITLE- By-law imposing an absolute prohibition- whether harsh, unconscionable or oppressive

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