The Owners – Strata Plan No 79633 v Graorovska; Graorovska v The Owners – Strata Plan No 79633 [2021] NSWCATCD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 79633 v Graorovska; Graorovska v The Owners – Strata Plan No 79633 [2021] NSWCATCD 103 Hearing dates: 22 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: In SC 21/157634: 1. The application is dismissed by reason of the orders made in the related proceedings (SC 21/19101). 2. The costs of the application shall be considered when dealing with the costs in those related proceedings. In SC 21/19101: 1. The applicant (lot owner) must allow access to the respondent (owners corporation) for the purpose of enabling work to be carried out in accordance with Schedule 1 provided 48 hours' notice is given. 2. On or before 28 February 2021 the respondent is to complete the work set out in Schedule 1 in a proper and workmanlike manner using good and suitable new materials. 3. Any application for costs is to be made by written submissions which are to be filed and served by 12 November 2021. 4. Any submissions in response to any such application are to be filed and served by 26 November 2021. 5. Any written submissions filed and served in relation to costs are to indicate: (a) whether the party agrees that costs should be determined on the papers (without the need for a hearing), (b) what order, if any, should be made by reason of s 104 of the Strata Schemes Management Act 2015, and (c) the total amount of legal costs incurred by the party in respect of the application and cross-application. Catchwords: LAND LAW – Strata title – Maintenance and repair of common property – Access order – Work order – Consideration of reasonable scope of works Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Siewa Pty Ltd v The Owners Strata Plan 35042 [2006] NSWSC 1157 Texts Cited: Nil Category: Principal judgment Parties: In SC 21/15634: The Owners – Strata Plan No 79633 (Applicant) Ms V Graorovska (Respondent)