Frampton v The Owners – Strata Plan No 35012; The Owners – Strata Plan No 35012 v Frampton [2019] NSWCATCD 15

Frampton v The Owners – Strata Plan No 35012; The Owners – Strata Plan No 35012 v Frampton [2019] NSWCATCD 15

The hatches were not included in the agreed scope of works under the Appeal Panel consent orders and were not necessary or recommended for the air conditioning installation; the Framptons were required to obtain Council approval before reinstallation of the condenser on the common property roof; Mrs Frampton caused damage to common property by unauthorised works including cutting roof timbers; and she continued to contravene Special By-Law 2 and By-Law 5 after valid notices to comply were served. Because the breaches overlapped, the Tribunal imposed only one penalty, for Special By-Law 2. The Framptons' application failed, and the requested work orders could not be made after Mrs Frampton...

Jurisdiction
Australia
Judgment Date
19 February 2019
Procedural Posture
Strata Dispute Applications in the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Principal Judgment After Final Hearings; Directions Made for Any Costs Application
Outcome
The Framptons' application in SC17/35958 was dismissed. In SC17/50958, Mrs Frampton was ordered to pay a monetary penalty of $1,100 to the Owners Corporation. Further directions were made for costs submissions, with a proposed costs order if no application or submissions were received.
Legal Topics
['damage to Common Property' 'work Order' 'notice to Comply' 'monetary Penalty for Breach of by Laws' 'standing After Sale of Lot' 'council Approval for Air Conditioning on Common Property Roof']
['strata Law' 'civil and Administrative Law'] ['damage to Common Property' 'work Order' 'notice to Comply' 'monetary Penalty for Breach of by Laws' 'standing After Sale of Lot' 'council Approval for Air Conditioning on Common Property Roof']

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Procedural Posture

Strata Dispute Applications in the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Principal Judgment After Final Hearings; Directions Made for Any Costs Application

Legal Issues

  1. 1 ['Whether the agreed scope of works required the Owners Corporation to reinstate hatches to the common property roof area.' 'Whether the Framptons were required to obtain Council approval for the reinstallation of the air conditioning condenser to the common property roof before the Owners Corporation was required to reconnect it.' 'Whether Mrs Frampton caused damage or associated costs to common property by work carried out by or for her.' 'Whether Mrs Frampton should pay a monetary penalty for breach of Special By-Law 2.' 'Whether Mrs Frampton should pay a monetary penalty for breach of By-Law 5.' 'Whether the Tribunal could make orders under ss.232 or 132 after Mrs Frampton sold the lot.']

Ratio Decidendi

The hatches were not included in the agreed scope of works under the Appeal Panel consent orders and were not necessary or recommended for the air conditioning installation; the Framptons were required to obtain Council approval before reinstallation of the condenser on the common property roof; Mrs Frampton caused damage to common property by unauthorised works including cutting roof timbers; and she continued to contravene Special By-Law 2 and By-Law 5 after valid notices to comply were served. Because the breaches overlapped, the Tribunal imposed only one penalty, for Special By-Law 2. The Framptons' application failed, and the requested work orders could not be made after Mrs Frampton...

Court Disposition

The Framptons' application in SC17/35958 was dismissed. In SC17/50958, Mrs Frampton was ordered to pay a monetary penalty of $1,100 to the Owners Corporation. Further directions were made for costs submissions, with a proposed costs order if no application or submissions were received.

Orders

  • ['In SC17/35958: The Framptons application is dismissed.' 'In SC17/50958: Mrs Frampton must pay a monetary penalty of $1,100 to the Owners Corporation immediately.' 'In both applications: If the Owners Corporation wishes to make a cost order it must do so, with submissions, by 15 March 2019. A copy of the...