The Owners - Strata Plan No 4393 v Roberts [2023] NSWCATCD 57

The Owners - Strata Plan No 4393 v Roberts [2023] NSWCATCD 57

Section 247A of the Strata Schemes Management Act 2015 (NSW) does not permit multiple penalties for repeated breaches of a single prohibitive order. Proof of contravention does not require intent, but only proof of breach of the order. If there are separate orders imposing discrete obligations, penalties may be imposed for contravention of each such order.

Parties
Applicant: The Owners - Strata Plan No 4393; First Respondent: Mei Lan Roberts; Second Respondent/intervenor: The Commissioner for Fair Trading of the Department of Customer Service
Jurisdiction
Australia
Judgment Date
27 July 2023
Procedural Posture
Application for Civil Penalty Under S 247 a Strata Schemes Management Act 2015 (nsw) / Interlocutory Decision on Contravention and Statutory Construction Issues
Outcome
Further hearing listed; contraventions established in part; penalty determination adjourned for submissions.
Legal Topics
Strata Title, Civil Penalty, Contravention of Tribunal Order, Statutory Interpretation of Penalty Provisions
Land Law Strata Title Civil Penalty Contravention of Tribunal Order Statutory Interpretation of Penalty Provisions

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Parties

The Owners - Strata Plan No 4393

Applicant

Mei Lan Roberts

First Respondent

The Commissioner for Fair Trading of the Department of Customer Service

Second Respondent/intervenor

Procedural Posture

Application for Civil Penalty Under S 247 a Strata Schemes Management Act 2015 (nsw) / Interlocutory Decision on Contravention and Statutory Construction Issues

Legal Issues

  1. 1 Whether there have been multiple contraventions of orders of the Tribunal
  2. 2 Whether the Tribunal can impose multiple penalties for successive contraventions of a single order
  3. 3 Whether intent (mens rea) is required for contravention under s 247A Strata Schemes Management Act 2015 (NSW)

Ratio Decidendi

Section 247A of the Strata Schemes Management Act 2015 (NSW) does not permit multiple penalties for repeated breaches of a single prohibitive order. Proof of contravention does not require intent, but only proof of breach of the order. If there are separate orders imposing discrete obligations, penalties may be imposed for contravention of each such order.

Court Disposition

Further hearing listed; contraventions established in part; penalty determination adjourned for submissions.

Orders

  • On a date to be fixed by the Registrar, the proceedings are to be listed for hearing of Outstanding Issues (contraventions requiring further submissions, penalty quantum, and costs).
  • Applicant to file and serve submissions by 7 August 2023.