Rita Sahade v Owners Corporation Strata Plan 62022 & Carina Gilster & Eckart Bischoff [2015] NSWCATCD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rita Sahade v Owners Corporation Strata Plan 62022 & Carina Gilster & Eckart Bischoff [2015] NSWCATCD 46 Hearing dates: 25 March 2015 Decision date: 02 April 2015 Jurisdiction: Consumer and Commercial Division Before: Senior Member Meadows Decision: Order 3 made by Adjudicator Smith on 16 April 2014 is amended as follows: "3.In addition, pursuant to the Management Act s 149 the contribution levied in respect of Lot 3 is reduced in the sum of $78,516.11." Catchwords: STRATA SCHEME - appeal against adjudicator's orders - excessive levies - legal costs of owners corporation Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 1996 Category: Principal judgment Parties: Rita Sahade (applicant) Owners Corporation Strata Plan 62022, Carina Gilster, Eckart Bischoff and Celia Bischoff (respondents) Representation: Counsel: Mr M Sahade (applicants) Mr Cunio (respondent) Solicitors: Trinity Legal (applicants/cross respondents) David Le Page (respondents) File Number(s): SCS 14/25121 Publication restriction: Nil

reasons for decision

Background 1. On 25 November 2013 the appellant filed an application for an order by an Adjudicator in the Consumer Trader and Tenancy Tribunal, seeking the following orders: Annexure "A" 11. What order/s do you want? With respect to each of the following levies passed by Resolution of the Owners Corporation: 30 January 2012 $ 40,000 17 May 2012 $ 50,000 30 August 2012 $ 60,000 5 November 2012 $100,000 5 April 2013 $ 40,000 17 May 2013 $100,000 21 October 2013 $200,000 Total: $590,000