Lindsay Player, Carol Player and Benuki Pty Limited v Themistoclis Christou and Amalia Christou [2014] NSWCATCD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lindsay Player, Carol Player and Benuki Pty Limited v Themistoclis Christou and Amalia Christou [2014] NSWCATCD 60 Hearing dates: 6 February and 7 February 2014 Decision date: 01 May 2014 Before: D Goldstein, Senior Member Decision: The first respondents must comply with by-laws 2 and 3 of Strata Plan 37585 and specifically must not park or stand any motor vehicle on the common property except with the written approval of the Owners Corporation and must not obstruct lawful use of common property by any person. The first respondents must, within 21 days of the date of this order, remove the unauthorised works carried out to lots 1 and 2 being the enclosure of the car spaces at the front of the strata scheme and the construction of a mezzanine floor within lots 1 and 2 and restore the common property to its original condition. If the first respondents do not comply with the order set out in the preceding paragraph within 21 days of the date of these orders, the second respondent by its employees servants and agents may in accordance with sections 63(5) and 65 of the Strata Schemes Management Act 1996: a)carry out the works to comply with the order; b)for that purpose enter upon lots 1 and 2 in Strata Plan 37585; and c)recover the cost of carrying out such works from the first respondents. Catchwords: Alterations to common property Legislation Cited: Strata Schemes Management Act 1996 Category: Principal judgment Parties: Lindsay Player, Carol Player and Benuki Pty Limited (applicants) Themistoclis Christou and Amalia Christou (respondents) The Owners - Strata Plan No 37585 (second respondent) File Number(s): SCS 12/63198