Wu v The Owners – Strata Plan No. 80611 [2021] NSWCATCD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wu v The Owners – Strata Plan No. 80611 [2021] NSWCATCD 109 Hearing dates: 13 August 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Consumer and Commercial Division Before: R Notley, Senior Member Decision: The application is dismissed. Catchwords: LAND LAW — Strata title — Repair and maintain common property - Standing of applicant Legislation Cited: Powers of Attorney Act 2003 (NSW) Power of Attorney Regulation 2016 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Elga Steinecke (bht Gardos) v Wayne, Lindner, Stricker, Levy; Re Estate of Stricker& Karl Heinz Lindner [2011] NSWSC 428 Urquhart and Another v Lanham and Others [2002] NSWSC 119 Vickery v The Owners Strata Plan No 80412 [2020] NSWCA 284 Texts Cited: Nil Category: Principal judgment Parties: Zhanxia Wu (First Applicant) Robert Acevski (Second Applicant) The Owners – Strata Plan No. 80611 (Respondent) Representation: First Applicant (Self represented) Second Applicant (Self represented)

Solicitor: J Corry (Respondent) File Number(s): SC 21/14473 Publication restriction: Nil

REASONS FOR DECISION

INTRODUCTION 1. This is an application for several orders under section 232 of the Strata Schemes Management Act 2015 (NSW) (the SSMA) arising out of an alleged breach by an owners corporation of its statutory duty to repair and maintain common property in section 106 of the SSMA. 2. The applicants are the occupants of lot 7 (Lot 7) in Strata Plan 80611 (the Strata Plan). 3. The respondent is the Owners Corporation of the Strata Plan (the Owners Corporation). 4. The applicants seek the following orders under section 232 of the SSMA: 1. an order that the Owners Corporation has breached subsection 106(1) of the SSMA; 2. an order that the Owners Corporation pay to relocate and house the residents of Lot 7 to suitable accommodation until such time as the external and internal works are completed in full, which are to be completed within three weeks of the date of these orders; 3. an order that the Owners Corporation undertake external works to repair the water penetration into Lot 7; 4. an order that the Owners Corporation undertake internal works to repair the damage and associated mould from the water penetration into Lot 7 within eight (8) weeks of the completion of the internal works; and 5. an order that the Owners Corporation refund application fees and paper costs, ink, postage and other costs associated with these filings to the applicants.