The Owners-Strata Plan No 92334 v Zheng [2024] NSWCATCD 18

The Owners-Strata Plan No 92334 v Zheng [2024] NSWCATCD 18

The Tribunal was satisfied that the Notice to Comply with By-law 27 was validly issued by resolution, validly served by registered post to the respondents' lot address, and complied with s 146 of the Strata Schemes Management Act 2015 (NSW). The evidence, including registration records, ASIC records, and time-stamped photographs, established on the balance of probabilities that the respondents caused or permitted vehicle DGB 57P to be parked on common property without prior written consent after service of the notice. Liability under s 147 was therefore established. Considering 14 contraventions over about 6.5 months, the absence of proved unfair targeting, the maximum penalty of 10...

Jurisdiction
Australia
Judgment Date
25 January 2024
Procedural Posture
Application Under the Strata Schemes Management Act 2015 (nsw) for a Civil Penalty for Failing to Comply With Notices to Comply With Strata by Laws / Principal Judgment After Hearing
Outcome
Application allowed; the respondents were ordered to pay a civil penalty of $550 to the applicant, with costs submissions to be filed according to directions.
Legal Topics
['parking on Common Property' 'notice to Comply With by Laws' 'service of Notices' 'contravention of Strata by Laws' 'assessment of Penalty']
['land Law' 'strata Title' 'civil Penalties'] ['parking on Common Property' 'notice to Comply With by Laws' 'service of Notices' 'contravention of Strata by Laws' 'assessment of Penalty']

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Procedural Posture

Application Under the Strata Schemes Management Act 2015 (nsw) for a Civil Penalty for Failing to Comply With Notices to Comply With Strata by Laws / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Notice to Comply with By-law dated 21 December 2022 was validly issued and served' 'Whether the respondents contravened By-law 27 after service of the Notice to Comply' 'What monetary penalty should be imposed under s 147 of the Strata Schemes Management Act 2015 (NSW)' 'What procedural directions should be made for any costs application']

Ratio Decidendi

The Tribunal was satisfied that the Notice to Comply with By-law 27 was validly issued by resolution, validly served by registered post to the respondents' lot address, and complied with s 146 of the Strata Schemes Management Act 2015 (NSW). The evidence, including registration records, ASIC records, and time-stamped photographs, established on the balance of probabilities that the respondents caused or permitted vehicle DGB 57P to be parked on common property without prior written consent after service of the notice. Liability under s 147 was therefore established. Considering 14 contraventions over about 6.5 months, the absence of proved unfair targeting, the maximum penalty of 10...

Court Disposition

Application allowed; the respondents were ordered to pay a civil penalty of $550 to the applicant, with costs submissions to be filed according to directions.

Orders

  • ['The respondents Peng Zheng and Ning Lu are to pay the applicant The Owners Strata Plan No 92334 the amount of $550 by 14 days from the date of this decision.' 'The applicant is to file with the Tribunal and serve on the respondents, by person or by post and additionally by email, all costs submissions and...