The Owners – Strata Plan No 5319 v Price;; Price v The Owners – Strata Plan No 5319 [2019] NSWCATCD 3

The Owners – Strata Plan No 5319 v Price;; Price v The Owners – Strata Plan No 5319 [2019] NSWCATCD 3

Ms Price's application was dismissed because the evidence did not justify discretionary orders under s232 for inspection of other lots: the circumstances of historic wall removals had not been properly explored, affected lot owners were not parties, and there was no evidence that common property walls required maintenance, repair or stabilisation. The Owners Corporation's application succeeded in part because Ms Price had undertaken unauthorised works affecting common property, including removal of the internal brick wall between the laundry and pantry and demolition of a non-loadbearing segment of the wall between the kitchen and living/dining room. As those works lacked the required...

Jurisdiction
Australia
Judgment Date
03 January 2019
Procedural Posture
Strata Dispute in the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Principal Judgment After Hearing on Applications for Orders Concerning Unauthorised Works and Related Relief
Outcome
Ms Price's application was dismissed. The Owners Corporation's application was granted in part, with reinstatement orders made and further requested orders refused. Costs were reserved for determination on the papers after submissions.
Legal Topics
['minor Works' 'works Affecting Common Property' 'unauthorised Works' 'owners Corporation Approval' 'common Property Reinstatement']
['strata Schemes' 'administrative Law'] ['minor Works' 'works Affecting Common Property' 'unauthorised Works' 'owners Corporation Approval' 'common Property Reinstatement']

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Procedural Posture

Strata Dispute in the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Principal Judgment After Hearing on Applications for Orders Concerning Unauthorised Works and Related Relief

Legal Issues

  1. 1 ['Whether the Tribunal should order appointment of a structural engineer to inspect historic internal wall removals in other lots and require the Owners Corporation to undertake recommended works.' 'Whether Ms Price undertook unauthorised works affecting common property in Lot 8.' 'Whether Ms Price should be ordered to reinstate common property and lot property affected by unauthorised works.' 'Whether further orders sought by the Owners Corporation for certification, inspection access and compensation were necessary.']

Ratio Decidendi

Ms Price's application was dismissed because the evidence did not justify discretionary orders under s232 for inspection of other lots: the circumstances of historic wall removals had not been properly explored, affected lot owners were not parties, and there was no evidence that common property walls required maintenance, repair or stabilisation. The Owners Corporation's application succeeded in part because Ms Price had undertaken unauthorised works affecting common property, including removal of the internal brick wall between the laundry and pantry and demolition of a non-loadbearing segment of the wall between the kitchen and living/dining room. As those works lacked the required...

Court Disposition

Ms Price's application was dismissed. The Owners Corporation's application was granted in part, with reinstatement orders made and further requested orders refused. Costs were reserved for determination on the papers after submissions.

Orders

  • ['The lot owner, Cheree Margaret Price, at her own cost must reinstate the wall between the laundry and pantry of Lot 8 in Strata Plan No 5319 and the affected areas of the lot and common property to a structurally sound condition comparable to adjacent areas of common property not affected by the works.' 'The lot...