The Owners – Strata Plan No 63607 v Kinsella [2022] NSWCATAP 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 63607 v Kinsella [2022] NSWCATAP 184 Hearing dates: 10 February 2022 Date of orders: 06 June 2022 Decision date: 06 June 2022 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member G Burton SC, Senior Member Decision: 1. Appeal dismissed. 2. In respect of costs of this appeal the following orders are made: (a) Any application for costs, including further evidence and submissions in support of the application, is to be filed and served by the costs applicant within 14 days after the date of these orders; (b) Any further evidence and submissions in response are to be filed and served by the costs respondent within 28 days after the date of these orders; (c) Any submissions in reply are to be filed and served by the costs applicant within 35 days after the date of these orders; (d) Submissions are to include submissions about whether a hearing of any costs application can be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW); (e)If no application is made under (a) then there is no order as to the costs of the appeal. Catchwords: STRATA SCHEMES MANAGEMENT – obligation of owners corporation to maintain and repair common property – alleged unauthorised works agreed to be common property – liability for later repairs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, 81, Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163, [1995] HCA 58 Croghan v Blacktown CC [2019] NSWCA 248 El-Wasfi v NSW; Kassas v NSW (No 2) [2018] NSWCA 27 Hazeldene's Chicken Farm PL v Victorian Workcover Authority (No 2) (2005) 13 VR 435, [2005] VSCA 298 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72 Owners SP 32735 v Swan [2012] NSWSC 383 Owners SP 63341 v Malachite Holdings PL [2018] NSWCATAP 256 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Stolfa v Hempton [2010] NSWCA 218 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Principal judgment Parties: Owners Strata Plan No.63607 (Appellant) Michael Kinsella (Respondent) Representation: Counsel: Mr T Waugh, Solicitor (appellant)