The Owners-Strata Plan No 58091 v Sonia, Rossana and Fernando Romani [2014] NSWCATCD 236

The Owners-Strata Plan No 58091 v Sonia, Rossana and Fernando Romani [2014] NSWCATCD 236

The Adjudicator's order was an order under Chapter 5 of the Strata Schemes Management Act 1996, the respondents admittedly had not complied with it and deliberately did not intend to comply, and the penalty application was properly authorised and commenced. No stay or statutory reason prevented determination despite the current appeal. In those circumstances it was appropriate to impose the maximum pecuniary penalty of $5,500.00.

Jurisdiction
Australia
Judgment Date
08 December 2014
Procedural Posture
Strata Schemes Penalty Application for Contravention of an Adjudicator's Order / Principal Judgment
Outcome
Pecuniary penalty imposed on the respondents in the amount of $5,500.00.
Legal Topics
["contravention of Strata Adjudicator's Order" 'pecuniary Penalty Under S 202' 'authority to Commence Strata Proceedings' 'effect of Pending Appeal on Penalty Application']
['strata Schemes' 'civil Penalties' 'administrative Law'] ["contravention of Strata Adjudicator's Order" 'pecuniary Penalty Under S 202' 'authority to Commence Strata Proceedings' 'effect of Pending Appeal on Penalty Application']

Case Brief

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Procedural Posture

Strata Schemes Penalty Application for Contravention of an Adjudicator's Order / Principal Judgment

Legal Issues

  1. 1 ['Whether there was an order under Chapter 5 of the Strata Schemes Management Act 1996.' "Whether the respondents had complied with the Adjudicator's order." 'Whether the owners corporation or strata manager was authorised to commence the penalty application and retain solicitors.' 'Whether a pecuniary penalty should be imposed and, if so, in what amount.' 'Whether the current appeal meant the penalty application should not be determined or a penalty should not be imposed.']

Ratio Decidendi

The Adjudicator's order was an order under Chapter 5 of the Strata Schemes Management Act 1996, the respondents admittedly had not complied with it and deliberately did not intend to comply, and the penalty application was properly authorised and commenced. No stay or statutory reason prevented determination despite the current appeal. In those circumstances it was appropriate to impose the maximum pecuniary penalty of $5,500.00.

Court Disposition

Pecuniary penalty imposed on the respondents in the amount of $5,500.00.

Orders

  • ['The respondents are to pay a pecuniary penalty of $5,500.00 to Department of Finance & Services, c/- Specialist Services, NSW Fair Trading, P O Box 4004, Penrith Plaza NSW 2750 no later than 28 days after the date of these orders.']