Lai v Community Association No DP 270214 [2018] NSWDC 222

Lai v Community Association No DP 270214 [2018] NSWDC 222

The plaintiffs breached the Adjudicator's orders by not restoring the common property to its original condition after removing unauthorised items and installing new unapproved items. The Tribunal did not err in law or fail to consider relevant arguments. Brief but adequate reasons were given for the decision to impose a penalty.

Parties
First Plaintiff: Po Wah Irene Lai; Second Plaintiff: Chi Leung Au-Leung; Defendant: Community Association DP No 270214
Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Civil Appeal / Appeal From New South Wales Civil and Administrative Tribunal to District Court of New South Wales
Outcome
Appeal dismissed
Legal Topics
Appeal, Civil Penalties, Tribunal Procedure, Adequacy of Reasons, Compliance With Adjudicator's Orders
Strata Law Civil Procedure Appeal Civil Penalties Tribunal Procedure Adequacy of Reasons Compliance With Adjudicator's Orders

Case Brief

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Parties

Po Wah Irene Lai

First Plaintiff

Chi Leung Au-Leung

Second Plaintiff

Community Association DP No 270214

Defendant

Procedural Posture

Civil Appeal / Appeal From New South Wales Civil and Administrative Tribunal to District Court of New South Wales

Legal Issues

  1. 1 Whether there was an error of law in the Tribunal's imposition of a civil penalty under s 97B of the Community Land Management Act 1989 (NSW)
  2. 2 Whether the Tribunal failed to give adequate reasons for its decision
  3. 3 Whether failure to restore common property to its original condition constituted a breach of orders

Ratio Decidendi

The plaintiffs breached the Adjudicator's orders by not restoring the common property to its original condition after removing unauthorised items and installing new unapproved items. The Tribunal did not err in law or fail to consider relevant arguments. Brief but adequate reasons were given for the decision to impose a penalty.

Court Disposition

Appeal dismissed

Orders

  • The time for the filing of the Summons is extended up to the date the Summons was filed.
  • The orders of Senior Member Paull are affirmed. The appeal is dismissed.