The Owners - Strata Plan No. 31293 v Lewinsohn; Lewinsohn v The Owners - Strata Plan No. 31293 [2021] NSWCATCD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No. 31293 v Lewinsohn; Lewinsohn v The Owners - Strata Plan No. 31293 [2021] NSWCATCD 121 Hearing dates: 25 August 2021 Date of orders: 1 December 2021 Decision date: 01 December 2021 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: Matter SC 21/15994 1. By 11 February 2022, the respondent Mark Lewinsohn is to restore the common property altered by him in respect of the following works: (a) Remove skate ramp; (b) Remove rear deck and any fixtures attached to rear deck; (c) Remove garden beds; (d) Remove all debris as a result of the work removing the skate ramp; rear deck; garden beds; and any fixtures attached to the works; (e) Restore the area to a reasonably clean and tidy condition. 2. By 11 February 2022, the respondent Mark Lewinsohn is to remove all rubbish, debris, and materials that have been stored, placed, or located on common property by the respondent in breach of By-laws 3 and 9 of the strata scheme to the extent necessary to achieve compliance with By-laws 3 and 9 of the strata scheme. 3. The respondent Mark Lewinsohn is to pay the applicant, The Owners-Strata Plan No 31293 a penalty under s 147 of the Strata Schemes Management Act 2015 in the sum of $550 by 28 days from the date of this order. 4. The costs applicant is to file with the Tribunal and serve on the costs respondent any further evidence and submissions on the issue of costs from 7 days from the date of these orders. 5. The costs respondent is to file and serve on the costs applicant any evidence and submissions on the issue of costs by 14 days from the date of these orders. 6. The costs applicant is to file and serve on the costs respondent any evidence and submissions on the issue of costs by 21 days from the date of these orders. 7. Both parties have liberty to apply to the Tribunal in writing to vary the timetable for cost submissions. 8. The costs submissions of the parties are to include submissions on whether the parties consent to the issue of costs being determined without a further oral hearing in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013. 9. The costs submissions are to be filed and served in person or by post, and in addition by email. 10. Subject to the submissions of the parties the Tribunal may determine the application for costs on the papers. Matter SC 21/22748: 11. In Matter SC 21/22748 the application is dismissed. Catchwords: LAND LAW — Strata schemes —Unauthorised alteration of common property —Breach of by-laws —Breach of notice to comply with by-laws —Penalty Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: ACCC v Albert [2005] FCA 1311; (2005) 223 ALR 467 ACCC v Dataline.Net.Au Pty Ltd (in liq) [2007] FCAFC 146; (2007) 161 FCR 513 (Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 McCue v The Owners-Strata Plan No 3844 [2021] NSWCATCD 35 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 Stolfa v Hempton [2010] NSWCA 218 The Owners - Strata Plan 21702 v Fallshaw Investments Pty Ltd [2008] NSWCTTT 1493 The Owners - Strata Plan 50276 v Thoo [2013] NSWCA 270 The Owners - Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202 The Owners - Strata Plan No 68255 v Downs; Downs v The Owners - Strata Plan No 68255 [2021] NSWCATCD 34 The Owners - Strata Plan No 87812 v Thomson [2019] NSWCATCD 38 Texts Cited: Nil Category: Principal judgment Parties: Matter SC 21/22748: The Owners-Strata Plan No 31293 (Applicant) Mark Lewinsohn (Respondent)