The Owners - Strata Plan No 4393 v Roberts (No.2) [2024] NSWCATCD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 4393 v Roberts (No.2) [2024] NSWCATCD 1 Hearing dates: 22 August 2023 Date of orders: 02 January 2024 Decision date: 02 January 2024 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President K Rosser, Principal Member Decision: 1. In respect of the contraventions of order 4 made 4 March 2022 in application SC 22/08447 the respondent, Mei Lan Roberts, is to pay a civil penalty of 25 penalty units being $2750. 2. In respect of the contraventions of order 1 made 7 June 2022 in application SC 22/24178 the respondent, Mei Lan Roberts is to pay a civil penalty of 50 penalty units being $5500. 3. The penalties in orders 1 and 2 are to be paid to the applicant within 30 days of the date of these orders. 4. The respondent is to pay the applicant' costs of these proceedings, such costs to be as agreed or assessed on an ordinary basis. Catchwords: LAND LAW – Strata title – civil penalty – contravention of Tribunal orders – s 247A Strata Schemes Management Act 2015 – multiple breaches of orders – amount of penalty – when maximum penalty might be imposed – whether penalty should be paid to applicant owners corporation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Allanby v Commissioner of Police [2019] NSWCATAD 37 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 Latoudis v Casey [1990] 170 CLR; 534 HCA 59 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Owners Corporation - Strata Plan 41710 v Lee [2015] NSWCATCD 151 The Owners - Strata Plan No 4393 v Roberts [2023] NSWCATCD 57 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 Westbury v The Owners – Strata Plan No 64061 [2021] NSWCATEN 3 Texts Cited: Nil Category: Principal judgment Parties: The Owners - Strata Plan No 4393 (Applicant) Mei Lan Roberts (First Respondent) The Commissioner for Fair Trading of the Department of Customer Service (Second Respondent/Intervenor) Representation: Counsel: