NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No 6534 v El Khouri [2015] NSWCATCD 145 Hearing dates: 22 & 23 September 2015 Decision date: 04 December 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The appeal is upheld in part and the order of the Adjudicator is amended.
2. The respondent is to provide the Owners Corporation and its authorised agents and contractors with access to lot 11 to inspect, carry out invasive investigations if necessary and carry out such repairs to the common property including the common property roof of the building (accessible through lot 11) to enable the Owners Corporation to determine causes of water ingress to the units below and to carry out works to prevent further water ingress into the units below.
3. The appeal is otherwise dismissed. Catchwords: Failure to comply with By-laws, implied duty to cooperate, estoppel, waiver. Legislation Cited: Strata Schemes Management Act 1996 ss. 138. Cases Cited: Motorgroup Australia Pty Ltd v Owners Corporation Strata Plan 64622 [2004] NSWSC 633 The Owners – Strata Plan Number 32735 v Heather Lesley-Swan [2012] NSWSC 383 Stolfa v Owners Strata Plan 4366 and Ors [2009] NSWSC 589 Pollack v Owners Corporation SP 54298 [2013] NSWCTTT 334 Stolfa v Hempton [2010] NSWCA 218 Lee v NSW Crime Commission [2013] 251CLR 196 Clissold v Perry [1904] HCA 12 Planning Commission (WA) v Tenwood Holdings Pty Ltd [2004] HCA 63 Walton's Stalls (Interstate) Ltd v Maher [1988] 164 CLR 387 Moratic Pty Ltd v Gordon [2007] NSWSC 5 Zouk v Owners Corporation Strata Plan 4521 Anor [2005] NSWSC 845 Owners Corporation Strata Plan 7596 v Risidore and ORS [2003] NSWSC 966 Owners SP56911 v Stricke [2012] NSWCTTT 392 Commonwealth v Verwayen [1990] 170 CLR 394 Eventang Development (Pyrmont) Pty Ltd v The Owners Strata Plan 51573 [2001] NSWSC 452 Category: Principal judgment Parties: The Owners Strata Plan No 6534 (Applicant) Said El Khouri (Respondent) Representation: Counsel: Mr C Ireland Solicitors: Bayside Solicitors, for the respondent Ms J Crittenden, for the applicant File Number(s): SCS 14/56876 Publication restriction: Nil
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