Worrall v The Owners - Strata Plan No. 43357 [2021] NSWCATCD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Worrall v The Owners - Strata Plan No. 43357 [2021] NSWCATCD 99 Hearing dates: 28 June 2021 Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) Order pursuant to s 232 of the Strata Schemes Management Act 2015 (NSW) (SSMA) that the Owners Corporation - Strata Plan No 43357, carry out the remedial work set out in the joint report of Michael Ilievsky, John Riad and Daniel Lee dated 21 June 2021 (Joint Report) in respect of Item 2, the cavity flashing defect, within six months of the date of these orders. (2) Order pursuant to s 232 of the SSMA that the Owners Corporation - Strata Plan No 43357 undertake, in co-operation with the applicant, the remedial work set out in the Joint Report in respect of Item 3, the inadequate drainage and fall of the roof terrace within Lot 50, within six months of the date of these orders (3) Note that the Owners Corporation is responsible for the rectification of that part of the roof terrace which does not form the roof of the balcony to Lot 50. (4) Grant the parties liberty to apply for directions in the event the parties cannot agree on the appropriate allocation of the costs of rectification in respect of Item 3 in the Joint Report. (5) The application is otherwise dismissed. (6) Unless either party files written submissions within 14 days of the date of this decision seeking an alternative order in relation to the costs of the proceedings there will be no order in relation to the costs of the proceedings. (7) If either party files submissions in accordance with order (6), the other party may file submissions in response within a further 14 days. (8) If no submissions are filed in accordance with orders (6) and (7), there will be no order as to the costs of the application. Catchwords: LAND LAW – Strata title – Common property – whether awning over roof terrace was common property – Common property memorandum – Common property rights by-law requires lot owner to repair and maintain common property Legislation Cited: Strata Titles (Freehold Development) Act 1973 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Titles Act 1973 (NSW) Cases Cited: Stolfa v Hempton [2010] NSWCA 218 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 Texts Cited: Nil Category: Principal judgment Parties: Lynne Maree Worrall (Applicant) The Owners - Strata Plan No 43357 (Respondent) Representation: Solicitors: Bannermans Lawyers (Applicant) Strata Title Lawyers (Respondent) File Number(s): SC 21/06648