The Owners – Strata Plan No 63607 v Kinsella [2022] NSWCATAP 184

The Owners – Strata Plan No 63607 v Kinsella [2022] NSWCATAP 184

The Tribunal found the double-glazed windows were approved and became common property, the Owners Corporation bore responsibility for their maintenance and repair, and was liable to reimburse the lot owner for approved repairs already carried out. The Appeal Panel concluded the Tribunal made no error of law or fact and dismissed the appeal.

Jurisdiction
Australia
Judgment Date
06 June 2022
Procedural Posture
Appeal / Judgment/decision on Appeal
Outcome
Appeal dismissed
Legal Topics
['obligation to Repair Common Property' 'appeals Procedure' 'responsibility for Remedial Works' 'costs in Tribunal Proceedings']
['strata Law' 'property Law' 'administrative Law'] ['obligation to Repair Common Property' 'appeals Procedure' 'responsibility for Remedial Works' 'costs in Tribunal Proceedings']

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Procedural Posture

Appeal / Judgment/decision on Appeal

Legal Issues

  1. 1 ['Whether the Owners Corporation was obliged to pay for repairs to double-glazed windows forming common property' 'Whether previous approvals or resolutions imposed ongoing repair/maintenance obligation on lot owner' "Whether procedural error or error of law/fact occurred in the Tribunal's original decision"]

Ratio Decidendi

The Tribunal found the double-glazed windows were approved and became common property, the Owners Corporation bore responsibility for their maintenance and repair, and was liable to reimburse the lot owner for approved repairs already carried out. The Appeal Panel concluded the Tribunal made no error of law or fact and dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' 'Any application for costs, including further evidence and submissions in support of the application, is to be filed and served by the costs applicant within 14 days after the date of these orders;' 'Any further evidence and submissions in response are to be filed and served by the costs...