Decisions table

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.

• Mohamed Mowjoon Atham Bawa lot owner
• The Owners-Strata Plan No 72125 owners corp

The appellant was ordered to pay 10% of the respondent's costs of the appeal up to and including the hearing on 28 November 2024, but the respondent's application for its costs of the primary proceedings was dismissed.

• The Owners – Strata Plan No 7114 owners corp
• Northern Beaches Council government

Appeal dismissed; the Owners Corporation was obliged to pay licence fees under the 1999 Deed while it remained operative, Council is entitled to damages for interference with property rights from the roller door after licence termination, and the Owners Corporation's claim for unpaid electricity charges was statute barred.

• Gokani-Robins Pty Ltd party
• ACG & KCG Investments Pty Ltd party
• The Owners – Strata Plan No 77109 owners corp

The Appeal Panel dismissed the appellants' application for costs and granted the respondent's application for costs, ordering the appellants to pay the respondent's costs of the appeal as agreed or as assessed.

• Kerri Owers-Brown and Lindsay Brown lot owner
• Robert Nakkan lot owner
• The Owners-Strata Plan No 92562 owners corp

The tribunal found timber decking on balconies was common property and ordered the owners corporation to engage licensed builders to perform partial replacement and repair works set out in Schedule A, but rejected the lot owners' broader request for complete removal and replacement of the entire decking system.

• 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 managing agent agreement was dismissed because Mr Lazarus lacked authority to bring the proceedings, the Owners Corporation had resolved to withdraw the application, and the operative agreement (2024 Agreement) was properly entered into and commenced in September 2024, rendering any order to terminate the earlier 2023 Agreement lacking utility.

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

The plaintiffs were granted leave to amend their statement of claim to add a claim under s 22 of the Hunter Water Act 1991 (NSW), with the plaintiffs to pay the defendant's costs occasioned by the amendment.

BUILDING CLAIM – non-payment of invoice – breach of contract

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

• Llewela Tegan Griffiths lot owner
• The Owners – Strata Plan No SP11097 owners corp

The Tribunal ordered that the parties jointly demolish and replace sections A and B of the masonry dividing fence with costs shared equally, that the applicant may clean and repaint its external wall at its own cost, and that the parties construct a new timber fence with costs shared equally.

COSTS — Application for costs to be fixed in a gross sum — Appropriateness of gross sum costs order – Sufficiency of evidence required for gross sum costs orders – Where parties scheduled to participate in mediation – Where mediation terminated upon failure of plaintiff’s personal representative to attend – Where defendants’ evidence of wholly and partly wasted costs inconsistent and unexplained – Whether plaintiff should bear defendants’ costs of failed mediation – Whether costs ought to be awa

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

• Ayten Akdogan lot owner
• Khaled Mourad lot owner
• Jillian Dolby lot owner
• Bronwyn Whale lot owner
• Albert Ayoub lot owner
• Ameen Ayoub lot owner
• The Owners - Strata Plan No 55665 owners corp
• Maria Pitney party
• Nicole Hack party

The Tribunal dismissed the Owners Corporation's Miscellaneous Application to set aside or amend the Summons to produce documents relating to the OC's claim against Foreshew in the District Court proceedings.

• Philip Anthony Feitelson lot owner
• Anne Christine Davis lot owner
• The Owners - Strata Plan No. 63429 owners corp

The Tribunal ordered the Owners Corporation to carry out maintenance and repairs to common property to achieve compliance with section 106 of the SSMA, prescribed a new by-law, and declared multiple by-laws invalid.

• The Owners – Strata Plan No 63517 owners corp
• Titles Strata Management Pty Ltd manager

The Tribunal dismissed the application, finding that the strata management agreement was effectively extended by implication after its expiry date of 30 April 2024 through the conduct of both parties, and that the fees charged by the strata manager in May 2024 were reasonable and properly charged.

• Nicholas John Pike lot owner
• Gregory Wayne Segal lot owner
• Roslyn Hakim lot owner
• Nilay Gencturk lot owner
• Gerard Eugene Farrell lot owner
• The Owners - Strata Plan No 9370 owners corp

The Tribunal invalidated resolutions for fire order works (motions 2.1.1, 2.1.2, 9.2, 9.3) requiring special resolution, dismissed the challenge to the remedial works motion, and varied the special levy payment dates to 28 August, 28 September, and 28 October 2025.

• Grace Musumeci lot owner
• The Owners - Strata Plan No 11583 owners corp
• Mary Buckley lot owner
• Christopher Farncomb lot owner

The appeal against the dismissal of an application for compulsory appointment of a strata managing agent was dismissed; the Appeal Panel found no errors of law by the Senior Member and refused leave to appeal.

• Engy Saad lot owner
• The Owners – Strata Plan No 75928 owners corp
• John Patrick Baylouni manager
• Pu Koh party
• George Kokkinos party
• John Bay Holdings PL manager

The applicant's applications for removal of the strata manager and strata committee and appointment of a compulsory strata manager were dismissed on the grounds that the applicant failed to establish dereliction of duty or dysfunction justifying such extraordinary relief.

COSTS — Party/Party — where the applicant applied to the Tribunal for the exercise of jurisdiction under both a referral from an Adjudicator pursuant to s 71B of the Community Land Management Act 1989 (NSW) and in the original jurisdiction conferred on the Tribunal by the Civil and Administrative Tribunal Act 2013 (NSW) – where the Tribunal made a decision and gave orders in both jurisdictions – where the Tribunal at first instance made a single costs order without distinguishing the jurisdictio

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

• The Owners - Strata Plan No. 3407 owners corp
• David Edgar lot owner
• Suet Ying Edgar lot owner

The respondents were ordered to immediately remove a pram and e-bike parked on common property as they constituted a nuisance and hazard in contravention of section 153 of the Strata Schemes Management Act 2015.

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

The application to terminate or vary the building management agreement was dismissed as the owners corporation failed to establish the required grounds under section 72 of the Strata Schemes Management Act 2015 for removal or variation of the building manager.

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

The appeal was dismissed and leave to appeal refused; the Tribunal at first instance correctly determined that the Nugent parties' strata levy balances must account for credits of $71,185.24 as at 28 May 2021 in accordance with earlier Tribunal orders.

Owners Corporations

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

• Teresa Harvey lot owner
• DocBay Pty Ltd lot owner
• The Owners – Strata Plan No. 60850 owners corp

The applicants' claim that the suspended balconies are common property was upheld; DocBay's application was dismissed; the owners corporation was ordered to replace the collapsed balcony to lot 15 within 60 days with identical materials and dimensions, and to pay Teresa Harvey $1,703.18 for expenses incurred in proceedings.

• Sydney Gold Bullion Exchange Pty Ltd lot owner
• The Owners – Strata Plan No 34794 owners corp

The application for reallocation of unit entitlements and compensation was dismissed as the applicant failed to establish any breach of duty by the owners corporation or any causation linking alleged breaches to loss.

• The Owners – Strata Plan No. 58036 owners corp
• The Estate of William Hutchinson party

The court waived the requirement to give notice to the owner of the land on which the tree is situated and ordered that the application proceed ex parte, with the matter to be listed for directions and final hearing allocation.

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

Leave to appeal was refused and the appeal was dismissed; the Tribunal's refusal to adjourn the hearing at first instance was upheld as the Appellant had reasonable opportunity to prepare its case and seek extensions or adjournment earlier.

• Philip Kentwell and Dorathy Kentwell lot owner
• The Owners - Strata Plan No. 2056 owners corp

Special By Law 31 concerning communication protocols was declared invalid pursuant to section 150(1) of the Strata Schemes Management Act 2015 because it is harsh, unconscionable and oppressive in its operation.

Application for dismissal of proceeding under s 47 of the State Administrative Tribunal Act 2004 (WA) - Whether deed of settlement and release precludes applicant from pursuing the proceeding

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 Miscellaneous Matters Application seeking an extension of time to comply with work orders for bathroom wall repairs and kitchen wall investigations was dismissed, with the respondent ordered to pay the applicant's costs.

• The Owners – Strata Plan No. 89924 owners corp
• Discovery Point Co-Operative Ltd party
• Northern Precinct Building Management Committee party
• Strata + Ltd manager

The application was dismissed because the Tribunal lacks jurisdiction to hear disputes relating to the internal management and organization of a cooperative established under the Co-operatives National Law (NSW), as such matters do not fall within the categories specified in section 232 of the Strata Schemes Management Act 2015.

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

The Tribunal determined that it has jurisdiction to hear the application and that consent order 2 from 2022 does not finalise all costs and expenses, with the $3,000 credit to be applied against amounts owing under section 104 of the SSMA; proceedings adjourned for further directions on remaining issues.

Owners Corporations; Costs

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

• David William McClatchey lot owner
• The Owners - Strata Plan No. 91138 owners corp

The respondent owners corporation is ordered to pay the applicant's costs incurred from 25 September 2024 to 20 December 2024 on the ordinary basis, with each party bearing their own costs for the remaining period.

LAND LAW — Strata title — Owners corporation — Contributions by owners — insurance costs — unreasonable refusal of consent STRATA SCHEMES — owners corporation — contributions — increased insurance premiums — levy on individual lot owner attributable to particular use of lot — whether refusal to consent to pay increased premium was unreasonable

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

• The Owners - Strata Plan No. 550 owners corp
• John Artuphel lot owner

The Tribunal ordered the respondent to remove unauthorised bathroom works and reinstate the bathroom to its previous condition within 12 months, with permission for the Owners Corporation to enter and complete the work if the respondent fails to comply.

• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner
• The Owners – Strata Plan No 85385 owners corp

The tribunal found that timber decks on balconies and terraces are common property, ordered the owners corporation to carry out replacement work within six months, declared special by-law 11 invalid, and ordered the owners corporation to pay the lot owners' costs.

Owners Corporations

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

• Water World Pure Drinking Water Pty Ltd lot owner
• The Owners – Strata Plan No. 69536 owners corp

The owners corporation was found to have breached its statutory duty to maintain and repair common property, and ordered to pay the lot owner $81,669.52 in damages for foreseeable losses caused by water penetration events in February 2023 and February 2024.

• Carolyn Evans lot owner
• The Owners – Strata Plan No. 40841 owners corp

The Appeal Panel dismissed the substantive appeal on the merits and on the appeal costs issue ordered that each party bear its own costs, finding no special circumstances warranted a departure from the general rule.

• Aqualand North Sydney Lavender Development Pty Ltd developer
• The Owners – Strata Plan No. 102081 owners corp

The Court of Appeal dismissed the developer's application for leave to appeal the freezing orders made by the primary judge, upholding the orders that restrained the developer from disposing of assets below $10,628,123.00.