Huang v The Owners – Strata Plan No 7632 [2020] NSWCATAP 278

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huang v The Owners – Strata Plan No 7632 [2020] NSWCATAP 278 Hearing dates: On the papers Date of orders: 21 December 2020 Decision date: 21 December 2020 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member K Ransome Senior Member Decision: (1) The time for instituting the appeals is extended to the extent that the appeals are deemed to have been filed within time (2) Each of the appeals is dismissed (3) Costs are reserved with liberty to apply which should be exercised within 42 days of this date. Catchwords: STRATA TITLE- appeals from orders of Tribunal requiring appellants to remove work carried out by them on common property without authority and to pay legal costs of body corporate - finding that work was carried out on common property upheld-adverse costs order upheld- appeals dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 s 60 Conveyancing (Strata Titles) Act 1961 Strata Schemes Development Act 2015 s 6 Strata Schemes Freehold Development Act 1973 s 5(2) Strata Schemes Management Act 2015 ss 124(1)(a),132(1)(a), 227, Home Building Act s18E Cases Cited: The Owners SP 35042 v Seiwa Australia Pty Ltd [2007] NSWCA 272 Texts Cited: None cited Category: Principal judgment Parties: In AP 20/31659: Yu Huang (First Appellant) Cui'e Zhao (Second Appellant) The Owners – Strata Plan No 7632 (Respondent)