The Owners – Strata Plan No. 6522 v Sullivan [2022] NSWCATCD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 6522 v Sullivan [2022] NSWCATCD 143 Hearing dates: 02 September 2022 Date of orders: 05 September 2022 Decision date: 05 September 2022 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. Order (2) of the ex parte orders made by the Tribunal on 16 August 2022 ordering the respondents, their agents and contractors to immediately cease carrying out work on the common property involving a redirecting of a waste pipe to the external wall of lot 31 is extended to 5pm on 3 October 2022. 2. The applicant is to submit to such order (if any) as the Tribunal may consider to be just for the payment of compensation (to be assessed by the Tribunal or as it may direct) to the respondents affected by the operation of these orders or of any interlocutory continuation (with or without variations) of these orders. 3. Each party has liberty to apply on three days' notice. 4. Costs are reserved. Catchwords: LAND LAW — strata schemes — interim relief Legislation Cited: Strata Schemes Management Act 2015 - ss 108, 124(1), 141, 143, 231 and 241; cl 7 of Sch 1 Strata Schemes Development Act 2015 – s 4 Cases Cited: Pollak v The Owners - Strata Plan No 2834 [2020] NSWSC 784 The Owners - Strata Plan No. 21702 v Krimbogiannis [2014] NSWCA 411 Category: Principal judgment Parties: The Owners – Strata Plan No. 6522 (Applicant)

Daniel Michael Sullivan (First Respondent) Kirsten Ann Sullivan (Second Respondent) Representation: J Crittenden (Applicant) Yeoman Legal (Respondent) File Number(s): SC 22/36841 Publication restriction: Nil