Liberant v The Owners - Strata Plan No. 62713 [2020] NSWCATCD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Liberant v The Owners - Strata Plan No. 62713 [2020] NSWCATCD 16 Hearing dates: 25 October 2019 with final written submissions 29 November 2019 Date of orders: 29 January 2020 Decision date: 29 January 2020 Jurisdiction: Consumer and Commercial Division Before: G Burton SC, Senior Member Decision: 1. Order that the respondent owners corporation pay the applicant owner $55,510.12 on or before 27 March 2020. 2. Grant leave to the applicant to renew the proceedings in respect of appointment of a compulsory strata manager (a) if the respondent does not provide to the applicant on or before 28 February 2020 certification by the appropriate expert(s) that the remediation works to the common property affecting the applicant's lot are complete or a date by which such works will be complete and certified, or (b) if the applicant wishes to challenge on a proper basis the adequacy of certification of the said remediation works or the date of intended completion or certification. 3. Order that the respondent pay the applicant's costs of the proceedings on the ordinary basis as agreed or assessed. 4. Order that the respondent is to pay amounts it is liable to pay under these orders to the applicant, or its own costs of these proceedings, only out of contributions from levies on all lots in the strata scheme other than the applicant's lot, and is to adjust its accounts and pay refunds in respect of any payments to date of its costs of these proceedings that do not comply with this order. Catchwords: LAND LAW — Strata title — Strata management — Obligation of owners corporation to maintain and repair common property — Damages or compensation for breach of obligation —​​​​​​​ Jurisdiction to award such damages or compensation —​​​​​​​​​​​​​​ SSMA ss 90(2), 104, 106, 122, 124, 232 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Liability Act 2002 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2016 (NSW) Cases Cited: A-G (NSW) v Gatsby [2018] NSWCA 254 Bonita v Shen [2016] NSWCATAP 159 Carli v Owners SP 56120 [2018] NSWCATCD 55 Johnson t/as One Tree Constructions v Lukeman [2017] NSWCATAP 45 Latoudis v Casey (1990) 170 CLR 534 Nicita v Owners SP 64837 [2010] NSWSC 68 Oppidan Homes PL v Yang [2017] NSWCATAP 67 Oshlack v Richmond River Council (1998) 193 CLR 72 Owners SP 30621 v Shum [2018] NSWCATAP 15 Owners SP 63341 v Malachite Holdings PL [2018] NSWCATAP 256 Pearson v Clark [2016] NSWCATAP 134 Raats v Zein [2016] NSWCATCD 62 Seiwa PL v Owners SP 35042 [2006] NSWSC 1157 Shih v Owners SP 87879 [2019] NSWCATAP 263 Stolfa v Hempton [2010] NSWCA 218 Thompson v Chapman [2016] NSWCATAP 6 Trevallyn-Jones v Owners SP 50358 [2009] NSWSC 694 Texts Cited: Cross on evidence (10th Aust ed 2015 by Heydon) Category: Principal judgment Parties: Assaf Samuel Aaron Liberant (Applicant) The Owners - Strata Plan No. 62713 (Respondent) Representation: Counsel: J Bannerman, Solicitor (Applicant) T Fishburn (Respondent)