Shousha v The Owners Strata Plan 2657 [2021] NSWCATCD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shousha v The Owners Strata Plan 2657 [2021] NSWCATCD 6 Hearing dates: 15 December 2020 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Consumer and Commercial Division Before: Member Paull, Senior Member Decision: 1. The Respondent at its own cost is to remove all existing windows and associated security bar grills and fly screens from lot 2 in that strata scheme and replace those windows with new aluminium windows to be attached to new frames and reinstate the removed security bar grills and fly screens. 2. In complying with Order 1 the Respondent is to engage properly qualified and licensed tradespersons, commence the work within 6 weeks of these orders taking effect and complete the work within 2 weeks of commencement. 3. Application SC20/06873 is otherwise dismissed. 4. The Parties have until 31 May to seek leave to apply for costs. Catchwords: Owners Corporation's obligation to maintain common property. Legislation Cited: Strata Schemes Act 2015 (NSW) Category: Principal judgment Parties: Samir Shousha v The Owners SP 2657 Representation: Mr Rivera, Rivera Legal for the Applicant. The Respondent-self-represented. File Number(s): SC20/19171 Publication restriction: Nil

REASONS FOR DECISION 1. These proceedings came before me for the first time on15 December 2020, for substantive hearing. 2. The applicant lot owner in SP 2657 tendered a medical certificate and sought to be represented by Mr Rivera, solicitor. In light of the medical evidence, this unopposed application was granted. 3. The respondent, being the Owners Corporation of the subject strata scheme, was represented by Mr Loho, Secretary of the Strata Committee.