Rook v The Owners - Strata Plan No. 32865 [2022] NSWCATCD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rook v The Owners - Strata Plan No. 32865 [2022] NSWCATCD 38 Hearing dates: 4 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Consumer and Commercial Division Before: M Deane, Senior Member Decision: The application is dismissed. Catchwords: LAND LAW — Strata title — Common property — Maintenance and repair of common property Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Seiwa Pty Ltd v The Owners Strata Plan 35042 [2006] NSWSC 1157 Texts Cited: Nil Category: Principal judgment Parties: Karen Rook (Applicant) The Owners – Strata Plan No. 32865 (Respondent) Representation: Solicitors: Pobi Lawyers (Applicant) JS Mueller & Co (Respondent) File Number(s): SC 21/20027 Publication restriction: Nil

REASONS FOR DECISION

background 1. Karen Rook (the Applicant) is the owner of Lot 5 of Strata Plan No 32865. On 6 May 2021 the Applicant lodged an application seeking orders against The Owners – Strata Plan No 32865 (the Respondent). 2. In points of claim submitted on 8 September 2021, the Applicant sought an order under ss 230 and 232 of the Strata Schemes Management Act 2015 (the SSMA) that the Respondents cause to be undertaken the full scope of remedial works detailed in the Tender Specification and Tender Assessment prepared by Bellmont Façade Engineering (the Bellmont report) (as detailed below). The Applicant also sought further orders that the Respondent comply with its statutory duty of repair and maintenance under s 106 of the SSMA and that the Respondent must not levy a contribution from the Applicant for its costs in the NCAT proceedings. 3. The Applicant's request for an order for costs was withdrawn at the hearing, in light of legal representation previously having been granted on the condition that neither party would seek costs.