Tezel v The Owners – Strata Plan No. 74232 [2021] NSWCATCD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tezel v The Owners – Strata Plan No. 74232 [2021] NSWCATCD 132 Hearing dates: 02 November 2021 Date of orders: 08 November 2021 Decision date: 08 November 2021 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1.The applicant must allow access to the respondent, and any representatives of the respondent, for the purpose of enabling work to be carried out in accordance with Schedule 1 provided 48 hours' notice (or such less period agreed between the parties in writing) is given. 2. On or before 28 February 2022 (or such later date agreed between the parties in writing) the respondent is to complete the work set out in Schedule 1 in a proper and workmanlike manner using good and suitable new materials, being work on the applicant's lot and the associated common property. 3. The application is otherwise dismissed. 4. Any application for costs is to be made by written submissions which are to be filed and served by 22 November 2021. 5. Any submissions in response to any such application are to be filed and served by 06 December 2021. 6. Any written submissions filed and served in relation to costs are to indicate whether the party agrees that costs should be determined on the papers, without the need for a hearing. Catchwords: STATUTORY INTERPRETATION – Meaning of limitation period in s 106(6) of the Strata Schemes Management Act 2015 STRATA TITLE – Assessment of loss under s 106(5) of the Strata Schemes Management Act 2015 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Interpretation Act 1987 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Browne v Dunn (1893) 6 R 67 Dimitropoulos v Capital Constructions Pty Ltd [2019] NSWCATAP 164 Guo v The Owners Strata Plan No 70067 [2018] NSWCATAP 260 Hawkins v Clayton (1986) 5 NSWLR 109 Latoudis v Casey [1990] 170 CLR 534 News v Cotes [2019] NSWCATAP 186 Oshlak v Richmond River Council [1998] HCA 11 Plaintiff M70/2011 v Minister of Immigration and Citizenship [2011] HCA 32 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 The Owners - Strata Plan No. 36613 v Doherty [2021] NSWCATAP 285 The Owners - Strata Plan No 80412 v Vickery [2021] NSWCATAP 98 The Owners - Strata Plan No. 80412 v Vickery (No 2) [2019] NSWCATAP 97 The Owners - Strata Plan No 94623 v Taouk [2019] NSWSC 857 Thompson v Chapman [2016] NSWCATAP 6 Tom v Jenkins [2018] NSWCATCD 24 Vickery v The Owners - Strata Plan No 80412 [2020] NSWCA 284 Texts Cited: Nil Category: Principal judgment Parties: Feride Tezel (Applicant) The Owners – Strata Plan No. 74232 (Respondent) Representation: Solicitors: Sachs Gerace (Applicant) Chambers Russell (Respondent)