Isabella DIT Pty Ltd v The Owners – Strata Plan No 80988 [2015] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Isabella DIT Pty Ltd v The Owners – Strata Plan No 80988 [2015] NSWCATAP 210 Hearing dates: 22 May 2015 Date of orders: 25 September 2015 Decision date: 25 September 2015 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robinson, Principal Member Decision: (1) The appeal is allowed.

(2) The decision and orders which are the subject of this appeal are set aside.

(3) Pursuant to s 183(1) of the Strata Schemes Management Act 1996 (NSW) the unit entitlements in strata plan 80988 are allocated as follows:

Lot 1 – unit entitlement 306 Lot 2 – unit entitlement 171 Lot 3 – unit entitlement 249 Lot 4 – unit entitlement 194 Lot 5 – unit entitlement 80 Total – 1000

(4) Pursuant to s 183(6) of the Strata Schemes Management Act 1996 (NSW) Hunter Development Corporation pay to the appellant:

(a) the costs incurred by the appellant in the original application before the Tribunal including fees and expenses reasonably incurred in obtaining the valuation and the giving of evidence by the valuer Mr Cesta and legal costs; and

(b) the amount of any overpayments being additional levies paid by the appellant (in comparison with the levies that would have been payable pursuant to the correct unit entitlements) in consequence of Hunter Development Corporation's original unreasonable allocation of unit entitlements in strata plan 80988 and for which liability arose not earlier than 6 years before the date of this order.