The Owners-Strata Plan No 92334 v Zheng [2024] NSWCATCD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No 92334 v Zheng [2024] NSWCATCD 18 Hearing dates: 18 September 2023; 6 November 2023 Date of orders: 25 January 2024 Decision date: 25 January 2024 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The respondents Peng Zheng and Ning Lu are to pay the applicant The Owners Strata Plan No 92334 the amount of $550 by 14 days from the date of this decision. (2) The applicant is to file with the Tribunal and serve on the respondents, by person or by post and additionally by email, all costs submissions and documents by 14 days from the date of this decision. (3) The respondents are to file with the Tribunal and serve on the applicant by person or by post and additionally by email, all costs submissions and documents by 28 days from the date of this decision. (4) The applicant is to file with the Tribunal and serve on the respondents by person or by post and additionally by email, all costs submissions in reply by 35 days from the date of this decision. (5) The costs submissions of the parties are to identify whether or not they consent to the issue of costs being determined without a further oral hearing and if not, why an oral hearing on the issue of costs is necessary. (6) Subject to consideration of the costs submissions of the parties the Tribunal may determine the issue of costs on the papers and without a further oral hearing in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (7) If a party seeks an extension of time to comply with directions regarding costs submissions, an application should be made in writing to the Tribunal no later than the day prior to the date for compliance with the timetable obligation. (8) All parties are to ensure that a copy of their costs submissions and documents are filed with the Tribunal in hard copy in compliance with the procedural directions pertaining to the costs application. Catchwords: LAND LAW---Strata title--- -s 147 Strata Schemes Management Act 2015---Parking on common property---Service of notices to comply with by-laws---Whether contravention of notices to comply established---Applicable penalty Legislation Cited: Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 The Owners-Strata Plan No 4393 v Roberts [2023] NSWCATCD 57 The Owners-Strata Plan No 84716 v Purcell [2023] NSWCATCD 97 Touma v Colantuono [2021] NSWCATAP 152 Texts Cited: None cited Category: Principal judgment Parties: The Owners-Strata Plan No 92334 (Applicant) Peng Zheng (First Respondent) Ning Lu (Second Respondent) Representation: Solicitors: Sachs Gerace Lawyers (Applicant) File Number(s): 2023/00390301 (Previously SC 23/28206) Publication restriction: Nil