Amirchian v The Owners – Strata Plan no 99357 [2023] NSWCATAP 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Amirchian v The Owners – Strata Plan no 99357 [2023] NSWCATAP 286 Hearing dates: 10 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Gracie, Senior Member Decision: 1. Appeal upheld. 2. The order made at first instance dismissing the Appellant's application is set aside. 3. The Respondent shall pay to the Appellant the sum of $7500 within 21 days of the date hereof. Catchwords: APPEAL – claim under s 106 of the Strata Schemes Management Act 2015 (NSW) for compensation as a lot owner – whether the evidence established loss – whether the reasons given by the Tribunal at first instance were adequate and/or reasonable – consideration of the obligations under s 52 of the Residential Tenancies Act 2010 (NSW) – whether there should be a remittal or whether the Appeal Panel should award compensation in favour of the Appellant having determined to set aside the decision at first instance. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: John Prendergast and Vanessa Prendergast v Western Murray irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Lucineh Amirchian (Appellant) The Owners – Strata Plan no 99357 (Respondent) Representation: Appellant (self-represented) R Diab, Strata Manager (Respondent) File Number(s): 2023/00254074 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Date of Decision: 27 July 2023 Before: R Titterton (Senior Member) File Number(s): SC 23/19247