Tao v The Owners - Strata Plan No 16107 [2023] NSWCATAP 327

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tao v The Owners - Strata Plan No 16107 [2023] NSWCATAP 327 Hearing dates: 14 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Burton SC, Senior Member Decision: 1. Appeal upheld. 2. Order 2, made on 14 August 2023, is set aside. 3. The Respondent is to undertake all necessary work to repair the internal wall within Lot 8 the subject of the Appellant's contentions in these proceedings, including to stop water from travelling behind tiles into cement render, removing the watermark and painting the room so that it looks the same as the room would have looked but for the damage. 4. The Respondent is to comply with order 3 by 1 March 2024. Catchwords: APPEAL- damage to lot property in a strata scheme-whether leave to appeal should be granted having regard to evidence-whether evidence was misinterpreted-whether decision resulted in a clear injustice-whether owners corporation liable to perform a work order- consideration of sections 106, 122 and 232 of the Strata Schemes Management Act Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: None cited Category: Principal judgment Parties: Bei Bei Tao (Appellant) The Owners – Strata Plan no 16107 (Respondent) Representation: J Ng (Advocate) (Appellant) W Wang (Agent) (Respondent) File Number(s): 2023/00289420 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 14 August 2023 Before: S Hennings, General Member File Number(s): SC 23/13324