McCue v The Owners Strata Plan No 3844 [2021] NSWCATCD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCue v The Owners Strata Plan No 3844 [2021] NSWCATCD 35 Hearing dates: 20 May 2021 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, Senior Member Decision: 1. The Owners Strata Plan No 3844 is to repair cracks to the common property bathroom wall of Lot 1 by the installation of helifix ties across the cracking; localised replacement of cracked tiling; raking and repointing of cracked mortar joint; render removal and replacement; and localised waterproofing of the walling at the tiling replacement; as set out in the scope of works at paragraph 5.1 of the report of Mr Fowler, structural engineer, dated 25 January 2021. Such work is to be completed by 29 October 2021. 2. The work in order 1 above is to be performed by suitably licensed tradespersons. 3. The owner of Lot 1 is to provide reasonable access to the Lot so that the work order can be complied with. 4. The Owners Strata Plan No 3844 is to pay Caitlin McCue $1,650 by 14 days from the date of this decision. Catchwords: STRATA TITLE---Repair of common property---Whether duty breached---Appropriate remedial orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Lonergan v The Owners Strata Plan No 16519 [2020] NSWCATAP 177 Seiwa Australian Pty Ltd v Owners Strata Plan 25042 [2006] NSWSC 115 The Owners Strata Plan No 80412 v Vickery [2021] NSWCATAP 98 The Owners Strata Plan SP 20211 v Rosenthal; Rosenthal v The Owners Strata Plan SP 20211 [2018] NSWCATAP 243 Texts Cited: Not applicable Category: Principal judgment Parties: Caitlin McCue (Applicant)