Volk v The Owners Corporation SP 33591 [2016] NSWCATAD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Volk v The Owners Corporation SP 33591 [2016] NSWCATAD 1 Hearing dates: 22 December 2015 (on the papers) Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: The Tribunal's decision of 18 August 2015 is varied. The varied decision is that: (1) The applicant's complaint is discontinued. (2) The respondent is to: (a) hold all future Annual General Meetings, Extraordinary General Meetings and Executive Committee Meetings in wheelchair accessible locations; (b) purchase sound amplification equipment and ensure that the sound amplification equipment is used by attendees at all future Annual General Meetings, Extraordinary General Meetings and Executive Committee Meetings that the applicant attends; (c) permit the applicant to undertake inspections of the Owners Corporation records without attending the office of the strata manager personally and by making a written and/or email request to the strata managing agent for the provision of documents and subject to the payment of the statutory fees under the Strata Schemes Management Regulation 2010 and as amended from time to time; and (d) ensure that all written correspondence and documentation that is posted to the applicant is provided in font type size 16 at least. (3) The respondent is to pay the applicant's costs from 19 October 2015 as agreed or, if not agreed, as assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014). Catchwords: INTERLOCUTORY APPLICATION – application to vary Tribunal's decision because decision made in absence of party – whether Tribunal has power to make the varied decision COSTS –– whether special circumstances warranting an award of costs – respondent acted unreasonably in failing to agree to proposed consent orders Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Strata Schemes Management Regulation 2010 (NSW) Cases Cited: Access for All Alliance (Hervey Bay) Inc v Hervey Bay City Council [2004] FMCA 915 Hall-Bentick v Greater Union Organisation Pty Ltd [2000] VCAT 1850 Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26 Sebastian v Rail Infrastructure Corporation & Ors [2005] NSWADT 281 Texts Cited: Rees Rice and Allen, Australian Anti-Discrimination Law (2nd ed 2014, The Federation Press) Category: Procedural and other rulings Parties: June Volk (Applicant) The Owners Corporation SP 33591 (Respondent) Representation: Solicitors: Strata Title Lawyers (Applicant) Bannermans Lawyers (Respondent) File Number(s): 1410607 Publication restriction: Nil