Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15 Hearing dates: 13 December 2022 Date of orders: 6 March 2023 Decision date: 06 March 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The Tsevrementzis Report is admitted into evidence. (2) The Owners – Strata Plan No. 51923 must cause the carrying out of work to the common property pipework and party wall between Units 40 and 41 in accordance with the scope of work set out in the Soundblock quotation dated 7 April 2022 before 3 April 2023. Catchwords: LAND LAW – Strata title – duty to maintain common property in a good and reasonable state of repair Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 38 Strata Schemes Management Act 2015 (NSW) – ss 106, 226, 232 Cases Cited: Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157 The Owners-Strata Plan No 33368 v Gittins [2022] NSWCATAP 130 Vujica v TNM Roofing Pty Ltd [2022] NSWCATAP 305 Texts Cited: NCAT Procedural Direction 3: Expert Evidence Category: Principal judgment Parties: Dimitri Haramis (Applicant) The Owners – Strata Plan No. 51923 (Respondent) Representation: Dimitri Haramis (Self-represented) Joel McGrath, Strata Manager (Respondent) File Number(s): SC 22/39455 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. This is an application by Dimitri Haramis (the Lot Owner) for an order pursuant to s 232 and 106(1) of the Strata Schemes Management Act 2015 (NSW) (SSM Act) that would require the Owners - Strata Pan No. 51923 (the Owners Corporation) to carry out work to a common property party wall and its enclosed pipework to prevent or reduce noise transmission into the bedroom of his Lot from the bathroom of an adjoining Lot. This application was made to the Tribunal on 23 August 2022 (the application). 2. For the reasons set out following I am satisfied that the Lot Owner has established on his evidence that the Owners Corporation is in breach of the duty reposed in it by s 106(1) of the SSM Act with respect to the party wall and its enclosed pipework. This common property permits intolerable noise transmission into the bedroom of his Lot from the bathroom of the adjoining Lot. I have therefore made a work order that will require the Owners Corporation to carry out specified maintenance work to wall and pipework to remedy this breach.