The Owners - Strata Plan No 4393 v Roberts (No.2) [2024] NSWCATCD 1

The Owners - Strata Plan No 4393 v Roberts (No.2) [2024] NSWCATCD 1

The 1 July 2022 order was not a new order but confirmed that the 7 June order continued to bind Ms Roberts; the 7 June order had not been affected by the September orders and the painting work on 4 July 2022 contravened it. Because Ms Roberts contravened two separate Tribunal orders imposing discrete obligations, the Tribunal could impose two penalties. The 4 March order was breached twice by plumbing and floor works, warranting a penalty of 25 penalty units, taking into account repeated contraventions, deterrence and some allowance for Ms Roberts' background. The 7 June order was breached on 9 and 10 June and 4 July 2022; because Ms Roberts had told the Tribunal she would take the...

Jurisdiction
Australia
Judgment Date
02 January 2024
Procedural Posture
Application for Civil Penalties for Contravention of Tribunal Orders Under S 247 a of the Strata Schemes Management Act 2015 (nsw) / Decision on Outstanding Contravention Issue, Penalty, Recipient of Penalties and Costs After Primary Reasons
Outcome
Civil penalties imposed against Mei Lan Roberts for contraventions of the 4 March 2022 and 7 June 2022 Tribunal orders; penalties payable to the applicant; respondent ordered to pay the applicant's costs on an ordinary basis.
Legal Topics
['contravention of Tribunal Stop Work Orders' 'strata Schemes Management Act 2015 (nsw) S 247 A' 'multiple Breaches of Tribunal Orders' 'assessment of Civil Penalty' 'payment of Civil Penalty to Owners Corporation' 'special Circumstances Costs Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw)']
['land Law' 'strata Title' 'civil Penalties' 'tribunal Procedure' 'costs'] ['contravention of Tribunal Stop Work Orders' 'strata Schemes Management Act 2015 (nsw) S 247 A' 'multiple Breaches of Tribunal Orders' 'assessment of Civil Penalty' 'payment of Civil Penalty to Owners Corporation' 'special Circumstances Costs Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw)']

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Procedural Posture

Application for Civil Penalties for Contravention of Tribunal Orders Under S 247 a of the Strata Schemes Management Act 2015 (nsw) / Decision on Outstanding Contravention Issue, Penalty, Recipient of Penalties and Costs After Primary Reasons

Legal Issues

  1. 1 ['Whether work carried out on 4 July 2022 contravened a Tribunal order and, if so, which order was contravened.' 'Whether separate civil penalties could be imposed for contraventions of the 4 March order and the 7 June order.' 'What amount of civil penalty should be imposed for the contraventions of each order.' 'Whether the penalties should be paid to the owners corporation or to the State.' 'Whether special circumstances warranted a costs order in favour of the applicant.']

Ratio Decidendi

The 1 July 2022 order was not a new order but confirmed that the 7 June order continued to bind Ms Roberts; the 7 June order had not been affected by the September orders and the painting work on 4 July 2022 contravened it. Because Ms Roberts contravened two separate Tribunal orders imposing discrete obligations, the Tribunal could impose two penalties. The 4 March order was breached twice by plumbing and floor works, warranting a penalty of 25 penalty units, taking into account repeated contraventions, deterrence and some allowance for Ms Roberts' background. The 7 June order was breached on 9 and 10 June and 4 July 2022; because Ms Roberts had told the Tribunal she would take the...

Court Disposition

Civil penalties imposed against Mei Lan Roberts for contraventions of the 4 March 2022 and 7 June 2022 Tribunal orders; penalties payable to the applicant; respondent ordered to pay the applicant's costs on an ordinary basis.

Orders

  • ['In respect of the contraventions of order 4 made 4 March 2022 in application SC 22/08447 the respondent, Mei Lan Roberts, is to pay a civil penalty of 25 penalty units being $2750.' 'In respect of the contraventions of order 1 made 7 June 2022 in application SC 22/24178 the respondent, Mei Lan Roberts, is to pay a...