The Owners-Strata Plan No 58091 v Sonia, Rossana and Fernando Romani [2014] NSWCATCD 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No 58091 v Sonia, Rossana and Fernando Romani [2014] NSWCATCD 236 Hearing dates: 22 September 2014 Decision date: 08 December 2014 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: The respondents are to pay a pecuniary penalty of $5,500.00 to:

Department of Finance & Services, c/- Specialist Services, NSW Fair Trading, P O Box 4004, Penrith Plaza NSW 2750 no later than 28 days after the date of these orders. Catchwords: STRATA SCHEMES—penalty application; relevant issues on a strata penalty application Legislation Cited: Civil & Administrative Tribunal Act 2013 Strata and Community Schemes Act 1996 Category: Principal judgment Parties: The Owners - Strata Plan No 58091(applicant) Sonia, Rossana and Fernando Romani (respondents) Representation: Mr Mueller for the applicant Mr Fernando Romani for the respondent File Number(s): SCS 14/31489 Publication restriction: Nil

reasons for decision 1. The applicant wants an order that the respondents pay a pecuniary penalty of $5,500.00 because they did not comply with an order made by Adjudicator Rosser on 25 July 2013. 2. The applicant seeks this order pursuant to the Strata Schemes Management Act 1996 ("the SSMA"): 202 Civil penalties for contravention of orders under this Chapter 1. The Tribunal may, by order, require a person to pay a pecuniary penalty of an amount of up to 50 penalty units for contravention of an order under this Chapter (the original order). 2. An application for an order under subsection (1) may be made: 1. in any case, by the applicant for the original order, or..... 1. On 25 July 2013 Adjudicator Rosser ordered: 1. The respondents shall comply with Special by-law 16 and shall not keep any animal (except fish in a secure aquarium or birds kept in a cage on the lot) on the lot or the common property. 2. The respondents shall remove their pet dog from lot and common property by 31 July 2013. 1. That order is an order, an "original order", made under "this Chapter" (as it says in s 202 of the Act). "This Chapter" is Chapter 5 of the Act and it includes provisions in relation to seeking an Adjudicator's order and provisions in relation to enforcing those orders or rather, what to do if the order is not complied with. It is agreed that the respondents have not complied with the order in this case. That means that the Owners Corporation is entitled to bring this application for a penalty. The application was filed on 13 June 2014 following a resolution of the executive committee at an executive meeting held in June 2014. The Owners Corporation seeks the maximum penalty pursuant to s 202: 50 penalty points or the sum of $5,500.00.