Balafoutis & Ors v The Owners – Strata Plan No 76563 [2016] NSWCATCD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Balafoutis & Ors v The Owners – Strata Plan No 76563 [2016] NSWCATCD 83 Hearing dates: 22 April 2016 (closing date for submissions 10 June 2016) Decision date: 05 October 2016 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: (1) The order appealed against is revoked. (2) In substitution for the order appealed against, orders (3) and (4) are made. (3) The Owners Corporation SP 76563 is to maintain in a good and serviceable state of repair: (a) the common property water pipes that feed lots 33 and 34 and lots 31 and 32 and (b) the common property exhaust risers, excluding the connection between the risers and the exhaust ducting located within lots 30 and 33/34. (4) The application is otherwise dismissed. (5) The parties are to pay their own costs of the appeal. Catchwords: APPEAL – external appeal - Legislation Cited: Strata Schemes Management Act 1996 Cases Cited: Owners SP 56911 v Stricke (Strata and Community Schemes) [2012] NSWCTTT 392 (3 October 2012) Ridis v Strata Plan 10308 [2005] NSWCA 246 Sattel v The Proprietors - Be Bees Tropical Apartments Building Units Plan No 71593 (No 2) [2001] QCA 560; [2002] 2 Qd R 427 The Owners - Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 Regis Towers Real Estate v The Owners – Strata Plan 56443 [2002] NSWSC 115 ACT Construction v Customs and Excise Commissioners [1981] 1 WLR 49 Stolfa v Owners Strata Plan 4366 & Ors [2009] NSWSC 589 (26 June 2009) Stolfa v Hempton [2010] NSWCA 218. Category: Principal judgment Parties: Peter Balafoutis, Elanie Balafoutis, John Mendes, Helena Mendes, Marnpark Pty Ltd and Papa Smurf Pty Limited – Appellants Owners Corporation SP 76563 - Respondent Representation: Counsel: Mr Pintos-Lopez – Appellants Mr Richard Phillipps (Solicitor) - Respondent