Themistoclis Christou and Amalia Christou v Linday Player, Carol Player and Benuki Pty Ltd [2014] NSWCATCD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Themistoclis Christou and Amalia Christou v Linday Player, Carol Player and Benuki Pty Ltd [2014] NSWCATCD 62 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 replace and refix that part of the steel gate located at the rear of the common property driveway that has been removed. The first respondents must remove the concrete ramps constructed from the roller doors of lot 3 onto the common property driveway and reinstate the common property to its former condition. The first respondents must remove that part of the alteration of lot 4 which adds to or alters common property or has caused a new structure to be erected on common property and reinstate the common property to its former condition. If the first respondents do not comply with the orders set out in paragraphs 2, 3 and 4 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 necessary to comply with the orders; b)for that purpose enter upon lots 3 and 4 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: Themistoclis Christou and Amalia Christou (applicants) Lindsay Player, Carol Player, and Benuki Pty Limited (respondents) The Owners - Strata Plan No 37585 (second respondent) File Number(s): SCS 13/50798