Stagg v Strudwick & Duncan-White [2021] NSWCATCD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stagg v Strudwick & Duncan-White [2021] NSWCATCD 140 Hearing dates: 5 August 2021 Date of orders: 11 October 2021 Decision date: 07 October 2021 Jurisdiction: Consumer and Commercial Division Before: Senior Member K Ross Decision: 1 Maureen Strudwick and Fiona Duncan-White must, on or before 24 December 2021, at their own cost and in a proper and workmanlike manner, reinstate the common property garden, using plants: (1) which are consistent with plants in the streetscape in the vicinity of the property, and (2) which have non invasive roots so as not to interfere with the sewer, and (3) which do not present a risk of fall to users of the adjacent footpath. 2 Maureen Strudwick and Fiona Duncan-White must not cause the common seal of SP 66508 unless pursuant to a valid resolution of the Owners – SP 66508. Catchwords: LAND LAW — Strata title — Unapproved work to common property garden — Order for reinstatement, unapproved use of common seal Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Ross Stagg (First Applicant) Lynette Stagg (Second Applicant) Maureen Strudwick (First Respondent) Fiona Duncan-White (Second Respondent) Representation: First and Second Applicant (Self-represented) First and Second Respondent (Self-represented) File Number(s): SC21/18557 & SC21/23535 Publication restriction: Nil