Crespel v The Owners – Strata Plan No 66165 [2022] NSWCATCD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Crespel v The Owners – Strata Plan No 66165 [2022] NSWCATCD 141 Hearing dates: 29 March, 2 June 2022 Date of orders: 06 September 2022 Decision date: 05 September 2022 Jurisdiction: Consumer and Commercial Division Before: G K Burton SC, Senior Member Decision: 1. Note that: (a) between first and second hearing days a remedial scope of works the subject of a primary claim of the applicant has been approved by the first respondent owners corporation and processes in respect of performing those works have been begun to be implemented; (b) claims against the second respondent have been resolved following the second respondent's resignation from the strata committee immediately prior to the second day of hearing. 2. Otherwise dismiss the application in SC 21/48785 and (to the extent it is still not complete by orders made 17 December 2021 except for reserved costs) SC 21/48788. 3. Order as follows in respect of costs (including costs reserved in SC 21/48788): (a) Any application in respect of costs is to be filed and served on or before 20 September 2022 accompanied by any further evidence and submissions in respect of costs and any reasons in support of a hearing on costs if that is sought. (b) Any further evidence and submissions in response to the documents filed and served under order 3(a) are to be filed and served on or before 4 October 2022. Catchwords: REAL PROPERTY – STRATA MANAGEMENT – duty to maintain and repair common property – alterations to common property – common property rights by-law – compulsory strata management – Strata Schemes Management Act 2015 (NSW) ss 90, 106, 108, 126, 143, 149 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Anderson v Owners SP 61034 [2019] NSWCATAP 61 Bate v Owners SP 60549 [2018] NSWCATCD 36 Bischoff v Rita Sahade [2015] NSWCATAP 135 Co Funds Management PL v Owners SP 78945 [2011] NSWCTTT 488 Farland v Simmons [2018] NSWCATCD 28 Foong v Scutella [2021] NSWCATAP 225 Gershberg v Owners SP 5768 [2011] NSWCTTT 411 Kahn v Owners SP 2010 [2017] NSWCATAP 39 Kotevski v Seadon and Owners SP 82413 [2013] NSWCTTT 597 Maple v Owners SP 8950 [2021] NSWCATCD 108 Moallem v CTTT [2013] NSWSC 1700 Owners SP 14593 v Soares [2019] NSWCATAP 3 Owners SP 63341 v Malachite Holdings PL [2018] NSWCATAP 256 Owners SP 74698 v Jacinta Investments PL [2021] NSWCATAP 387 Robinson v Owners SP 61717 [2018] NSWCATCD 49 Vickery v Owners SP 80412 [2020] NSWCA 284 Category: Principal judgment Parties: Julie Ann Crespel (Applicant)