Gregg v The Owners –Strata Plan No. 80881 [2022] NSWCATCD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gregg v The Owners –Strata Plan No. 80881 [2022] NSWCATCD 17 Hearing dates: 30 November 2021 Date of orders: 12 January 2022 Decision date: 12 January 2022 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: (1) The respondent is to pay the applicant $33,250.00 on or before 11 February 2022. (2) Any application for costs is to be made by providing written submissions to the Tribunal and the other party by 25 January 2022. (3) Any response to any such application is to be made by providing written submissions to the Tribunal and the other party by 7 February 2022. (4) Any such submissions are to address whether the parties agree that the application for costs should be determined on the papers, it without having a separate, additional hearing. Catchwords: LAND LAW — Strata title — Breach of owners corporation's obligation to repair and maintain common property — Measure of damages for breach — Mitigation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Siewa Pty Ltd v The Owners Strata Plan 35042 [2006]NSWSC 1157 The Owners Strata Plan 50276 v Thoo [2013]NSWCA 270 The Owners- Strata Plan No 80412 v Vickery ( No 2) [2019]NSWCA 284 The Owners- Strata Plan No 36613 v Doherty [2021]NSWCATAP 285 Texts Cited: Nil Category: Principal judgment Parties: Stephen Gregg (Applicant) The Owners- Strata Plan No. 80881 (Respondent) Representation: Mr O'Regan (Strata Committee Member)(Respondent)