Archibald v The Owners – Strata Plan No. 50441 [2023] NSWCATCD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Archibald v The Owners – Strata Plan No. 50441 [2023] NSWCATCD 111 Hearing dates: 16 December 2022; 6 April 2023 Date of orders: 18 September 2023 Decision date: 18 September 2023 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Principal Member Decision: 1. Pursuant to s 247A(1) of the Strata Schemes Management Act 2015, the respondent is to pay to the first applicant: (a) a civil penalty in the sum of 20 penalty units ($1,100) in respect of contravention of orders 4A, 4B, 4C and 4E made on 2 June 2021 in proceedings SC 20/51793; and (b) a civil penalty in the sum of 50 penalty units ($5,500) in respect of contravention of order 4D made on 2 June 2021 in proceedings SC 20/51793. 2. The respondent is to comply with order 1 within 28 days of the date of these orders. 3. The respondent is to pay 70% of the first applicant's costs of the proceedings, on the ordinary basis, as agreed or assessed. 4. Order 3 ceases to have effect and the following orders apply if either party seeks a different costs order: (a) The applicant for the different costs order (the costs applicant) is to file and serve evidence and submissions in support of the application within 14 days of the date of these orders. (b) The costs respondent is to file and serve evidence and submissions in response to the application for a different costs order within 14 days thereafter. (c) The costs applicant is to file and serve any submissions in reply within seven days thereafter. (d) All documents are to be provided in hard copy, in an indexed and paginated bundle, delivered to the Consumer and Commercial Division's Sydney Registry. Catchwords: Civil penalty – contravention of consent orders – whether order or several – to whom penalty should be paid – application to re-open case Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Strata Schemes Management Act (NSW) 2015 Cases Cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 Blair v Curran (1939) 62 CLR 464 Commissioner for Fair Trading v Edward Lees Imports Pty Ltd (No 2) [2019] NSWCATAP 222 In the matter of St Gregory's Armenian School Inc [2015] NSWSC 1042 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 18) [2018] NSWSC 1828 The Owners - Strata Plan No 61285 v Taylor (No 2) [2022] NSWCATCD 118 The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1 The Owners Strata Plan No 82306 v Anderson [2017] NCATCCD 85 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Wassef v Panagiotopolous [2019] NSWCATAP 101 Westbury v The Owners – Strata Plan No 64061 [2021] NSWCATEN 3 Texts Cited: Nil Category: Principal judgment Parties: John Hanley Archibald and Lynette Archibald – Applicants The Owners – Strata Plan No. 50441 - Respondent Representation: Solicitors: Bannermans Lawyers – Applicant Strata Specialist Lawyers - Respondent File Number(s): SC 22/11961 Publication restriction: Nil