Keyworth v The Owners - Strata Plan No. 45081 [2022] NSWCATCD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Keyworth v The Owners - Strata Plan No. 45081 [2022] NSWCATCD 75 Hearing dates: 7-8 April 2022 Date of orders: 06 May 2022 Decision date: 06 May 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The application is dismissed. 2. Any submissions in support of an application for costs (not exceeding five pages), together with any supporting evidence, are to be filed and served by 16 May 2022. 3. Any submissions in response to any such application (not exceeding five pages), together with any supporting evidence, are to be filed and served by 30 May 2022. 4. Any submissions in reply (not exceeding two pages) are to be filed and served by 6 June 2022. 5. Any such submissions should indicate whether the party accepts that costs should be determined on the papers, ie without the need for a further hearing. Catchwords: LAND LAW - Strata title – Whether duty to repair and maintain common property was breached – Whether works authorised by common property rights by-law Legislation Cited: Home Building Act 1989 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Mullen v Owners Corporation SP 15342 [2017] NSWCATCD 97 Owners SP36613 v Doherty [2021] CATAP 285 Owners Strata Plan No 74698 v Jacinta Investments Pty Ltd [2021] NSWCATAP 387 Ridis v Strata Plan 10308 [2005] NSWCA 246 Riley v The Owners-Strata Plan 73817 [2012] NSWCA 410 Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157 The Owners – Strata Plan No 21702 v Krimbogiannis [2014] NSWCA 411 The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202 The Owners of Strata Plan 76888 v Walker Group Constructions Pty Ltd [2016] NSWSC 541 The Owners of Strata Plan No 3397 v Tate [2007] NSWCA 207 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 The Owners Strata Plan No 74835 v Pullicin; The Owners Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 Thoo v The Owners Strata Plan No. 50276 [2011] NSWSC 657 Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284 Texts Cited: Nil Category: Principal judgment Parties: Ian Keyworth (First Applicant) Choong Lin (Second Applicant) The Owners – Strata Plan No. 45081 & 43487 (Respondent) Representation: Counsel: G Sirtes SC & M McGirr (First and Second Applicant) J Young (Respondent)