Bass-Skardon v The Owners-Strata Plan No 33038 [2024] NSWCATCD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bass-Skardon v The Owners-Strata Plan No 33038 [2024] NSWCATCD 30 Hearing dates: 04 July 2023; 11 September 2023 Date of orders: 01 March 2024 (Amended on 22 April 2024) Decision date: 01 March 2024 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member

The Notice of Order issue on 01 March 2024 is amended under Section 63 of the Civil and Administrative Tribunal Act 2013, and should read as follows: Decision: (1) By 3 months from the date of this decision, The Owners-Strata Plan No 33038, using suitably licensed persons exercising due care and skill, is to cause the performance of the works set out in paragraph [117] of the decision. (2) The Applicants are to file with the Tribunal and serve on the Respondent, 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 Respondent is to file with the Tribunal and serve on the Applicants, 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 Applicants are to file with the Tribunal and serve on the Respondent, 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 include whether they consent to the issue of costs being determined without a further oral hearing and if not, why not. (6) If a party seeks an extension of time to comply with directions, an application should be made in writing to the Tribunal no later than the day prior to the date for submission of documents. (7) Other than in respect of order 1, the application for orders by the Applicants in the proceedings listed for hearing on 4 July 2023 and 11 September 2023 (including the application for interim orders not previously determined by the Tribunal) is dismissed. (8) The Applicants are to give the owners corporation and any builder, engineer, or tradesperson engaged on behalf of the owners corporation reasonable access to Lot 6 so that the works in order (1) can be performed. Catchwords: LAND LAW---Strata title---Duty to repair common property---Whether duty breached---Nature and extent of repairs---Determination of appropriate works to comply with duty Legislation Cited: Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Halil v NSW Land and Housing Corporation (No 2) [2023] NSWSC 1646 The Owners-Strata Plan No 21563 v Rutherford [2023] NSWCATAP 326 The Owners-Strata Plan No 33368 v Gittins [2022] NSWCATAP 130 Texts Cited: None cited Category: Principal judgment Parties: Moira Bass-Skardon and Anthony Abbess (Applicants) The Owners-Strata Plan No 33038 (Respondent) Representation: M. Bass-Skardon, self-represented (Applicants) S. Harder, strata committee member (Respondent) File Number(s): 2023/00411749, 2023/00401459, 2023/00403057 and 2023/00380726 (Previously SC 23/05181; SC 23/15691; SC 23/15695; and SC 23/37329) Publication restriction: Nil