King as trustee for Cascade Trust v The Owners - Strata Plan No. 19410 [2022] NSWCATCD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: King as trustee for Cascade Trust v The Owners - Strata Plan No. 19410 [2022] NSWCATCD 24 Hearing dates: 19 January 2022 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The respondent is to carry out items 6 limited to the presence of mould on the outer wall of the second bedroom, and 7 when read with item 8, of the remedial works specified in [20] of these reasons for decision by 24 May 2022 at no cost to the applicants conditional on the applicants providing reasonable access to lot 43. (2) Conditional on the applicants providing reasonable access to lot 43, leave is given to the applicants to renew the proceedings under cl 8(1) of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW), if the respondent fails to comply with order (1) above. (3) The respondent is to pay $70,551.99 to the applicants by 24 May 2022. (4) The proceedings are otherwise dismissed. (5) If the parties are in agreement as to the costs of the proceedings, then they shall provide proposed consent orders to the Tribunal within 14 days of the date of the orders in these reasons for decision. (6) If the parties are not in agreement as to the costs of the proceedings, then: (a) if any party seeks a costs order, the applicant for costs (the costs applicant) must file and serve a costs application, submissions which shall be limited to five pages, and any evidence in support by way of affidavit, within 14 days of the date of the orders in these reasons for decision; (b) the respondent to the costs application is to file and serve any submissions which shall be limited to five pages, and any evidence in opposition by way of affidavit, within 14 days thereafter; (c) the costs applicant is to file any submissions in reply limited to three pages within 14 days after receipt of the submissions and any evidence of the respondent to the costs application. Catchwords: LAND LAW - Strata title – Whether the owners corporation breached the duty to properly maintain and keep in a state of good and serviceable repair the common property - Whether the owners corporation is liable to carry out remedial works - Whether the owners corporation is liable for damages for loss of rent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes (Freehold Development) Act 1973 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Huang v The Owners - Strata Plan No 7632 [2020] NSWCATAP 278 Perkins v Barraket [2016] NSWCATAP 66 Symes v SP 31731 [2001] NSWSC 527 The Owners SP 35042 v Seiwa Australia Pty Ltd [2007] NSWCA 272; (2007) 13 BPR 24,789 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Vickery v The Owners Strata Plan 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284 Texts Cited: NCAT Procedural Direction 3 on Expert Evidence Category: Principal judgment Parties: Robert King and Victoria King as trustees for the Cascade Trust (Applicants) The Owners - Strata Plan No. 19410 (Respondent) Representation: Counsel: J Mack (Applicants) T Harris-Roxas (Respondent)