Tezel v The Owners - Strata Plan No 74232 [2022] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tezel v The Owners - Strata Plan No 74232 [2022] NSWCATAP 149 Hearing dates: 24 March 2022 Date of orders: 10 May 2022 Decision date: 10 May 2022 Jurisdiction: Appeal Panel Before: The Hon D A Cowdroy, AO QC, Principal Member G K Burton SC, Senior Member Decision: (1) The appeal is allowed. (2) The decisions of the Tribunal delivered on 2 November 2021 and on 10 December 2021 (the latter on costs) are set aside. (3) Owners SP 74232 is to pay Feride Tezel $447,200 on or before 30 June 2022. (4) The respondent is to pay the appellant's costs of the proceedings at first instance on and from 23 September 2021 and the costs of this appeal. Catchwords: STRATA MANAGEMENT – loss of lot owner as a result of failure of owners corporation to repair water leaks – whether lot owner's claim was statute barred – Strata Schemes Management Act 2015 (NSW) s 106(1), (2), (4), (5), (6). Legislation Cited: Strata Schemes Management Act 2015 (NSW) Trade Practices Act 1974 (Cth) Australian Consumer Law (Cth) Cases Cited: Baker Morrison v State of New South Wales [2009] NSWCA 35 Hawkins v Clayton (1988) 164 CLR 539 Kay v Sydney Airport Corporation Limited [2014] NSWSC 744 Latoudis v Casey (1990) 170 CLR 534 Oshlak v Richmond River Council [1998] HCA 11 Pirelli General Cable Works Ltd v Oscar Faber & Partners (a firm) [1983] 2 AC 1 Sent v Jet Corporation of Australia Pty Ltd (1996) 160 CLR 540 at 542 State of New South Wales v Gillett [2012] NSWCA 83 State of Western Australia v Wardley Australia Ltd [1991] FCA 314; (1991) 30 FCR 245 The Owners – Strata Plan No. 36613 v Doherty [2021] NSWCATAP 285 The Owners – Strata Plan No 80412 v Vickery [2021] NSWCATAP 98 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Vickery v The Owners Strata Plan No 80412 [2020] NSWCA 252, (2020) 103 NSWLR 352 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Feride Tezel (Appellant) The Owners – Strata Plan No 74232 (Respondent) Representation: Counsel: J Knackstredt (Appellant) T Davie (Respondent)