Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188 Hearing dates: 10 November 2020 & 23 February 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Appeal Panel Before: P. Durack SC, Senior Member K Ransome, Senior Member Decision: (1) The appeal is allowed. (2) Set aside Order 1 of the orders of the Tribunal made on 14 July 2020. (3) Order that within 30 days from the publication of these reasons, the respondent is to cause the ceilings in the bedroom and kitchen and living areas of the appellant's Lot 13 to be repainted, as recommended in Sections B and C of the section of the Hire A Hubby document, dated on or about 6 September 2009, appearing under the heading "Internal Inspection Of Ceilings". Catchwords: STRATA TITLES - claim for breach of duty to maintain and keep in good repair the common property - s 106(1) of the Strata Schemes Management Act - whether common property memorandum or bylaw exempted owners corporation from the claim - whether the Tribunal had power under s232 of the SSMA to order the owners corporation to rectify damage to lot owners property - whether breach of s106(1) established -whether causation established APPEAL – error of law - new hearing pursuant to s 80(3) of the Civil and Administrative Tribunal Act Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Strata Schemes Management Act (NSW) 2015 Cases Cited: Seiwa Pty Ltd v The Owners Strata Plan 35042 [2006] NSWSC 1157 The Owners - Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284; 103 NSWLR 352 Category: Principal judgment Parties: Veronica Mastellone (Appellant) The Owners-Strata Plan No 87110 (Respondent) Representation: Mr Szpalinski (agent for the Appellant) Strata Title Lawyers, solicitors (Respondent) File Number(s): 2020/00370998 (AP 20/35811) Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 14 July 2020 Before: A Nightingale, General Member File Number(s): SC 20/03144