The Owners – Strata Plan No. 98503 v Morrell [2021] NSWCATCD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 98503 v Morrell [2021] NSWCATCD 124 Hearing dates: 5 August 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Consumer and Commercial Division Before: R Notley, Senior Member Decision: 1. Within six (6) months of the date of this order, the respondent is to: a) remove the bi-fold windows installed by her and which enclose the terrace of her lot; and b) make good all damage caused to the common property by the installation and removal of the bi-fold windows. 2. In the event that the respondent fails to comply with order 1, the applicant, by its agents, servants and contractors, be granted access to the respondent's lot to remove the bi-fold windows and make good all damage caused to the common property by the installation and removal of the bi-fold windows. Catchwords: LAND LAW — Strata title — Unapproved work — Make good all damage to common property Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Stolfa v Hempton [2010] NSWCA 218 Stolfa v Owners Strata Plan No 4366 [2009] NSWSC 589 The Owners – Strata Plan No. 32735 v Heather Lesley-Swan [2012] NSWSC 383 The Owners – Strata Plan No. 21702 v Krimbogiannis [2014] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No 98503 (Applicant) Angela Morrell (Respondent) Representation: Counsel: Dominic Williams (Respondent)