The Owners-Strata Plan No 8461 v Georghy [2023] NSWCATCD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No 8461 v Georghy [2023] NSWCATCD 156 Hearing dates: 1 June 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The application is dismissed. (2) Any costs application is to be dealt with as follows: (a) The costs applicant is to file with the Tribunal and serve on the costs respondent all costs submissions and documents by 16 January 2024. (b) The costs respondent is to file with the Tribunal and serve on the costs applicant all costs submissions and documents by 30 January 2024. (c) The costs applicant is to file with the Tribunal and serve on the costs respondent all costs submissions in reply by 6 February 2024. (d) Costs submissions are to include whether the parties consent to the issue of costs being determined without a further oral hearing under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW), and if not, why not. (e) The parties may apply in writing to the Tribunal and the other party to vary or extend the timetable for costs submissions and documents. Any application for an extension of time is to be made prior to the date of the relevant timetable obligation. Catchwords: LAND LAW---Strata title---Storage of items on common property---Unauthorised alterations to common property---Whether Lot owner should be ordered to remove items and alterations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Coscuez International Pty Ltd v The Owners-Strata Plan No 46433 [2022] NSWCATAP 147 Texts Cited: None cited Category: Principal judgment Parties: The Owners-Strata Plan No 8461 (Applicant) Joseph Georghy (Respondent) Representation: Counsel: J. Young (Applicant)