Melani v The Owners Strata Plan No 22214 [2017] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Melani v The Owners Strata Plan No 22214 [2017] NSWCATCD 73 Hearing dates: 28 March 2017, Written submissions expiring 11 April 2017 Decision date: 19 September 2017 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson, Senior Member Decision: 1. The appeal is dismissed.

2. The orders of the Strata Adjudicator dated 17 October 2016 are varied as follows:

(1) The owner of Lot 13 must, on or before 23 October 2017, seek from the Owners Corporation SP 22214 consent to the removal and replacement of the common property ceiling in Lot 13. Full details sufficient to enable a proper consideration of the matter (including evidence of Council consent and compliance with any conditions imposed by Council, including any conditions in respect of fire safety) must be provided. (2) The Owners Corporation SP 22214 must, on or before 20 November 2017, convene a special meeting of the Owners Corporation to enable consideration of the ceiling application referred to in order 3 above. Catchwords: Strata Schemes---Appeal from Adjudicator---Definition of 'Lot'---Definition of 'common property'---Whether dropped ceiling formed part of the Lot or part of the common property Legislation Cited: Strata Schemes Management Act 1996 ss 65A, 65B, 177, 181 Strata Schemes Management Act 2015 Cl 7 Sch 3 Strata Schemes (Freehold Development) Act 1973 ss 5, 8 Strata Schemes Development Act 2015 Cl 9 Sch 8 Environmental Planning and Assessment Act 1979 s 80 Civil and Administrative Tribunal Act 2013 s 79 Strata Titles Act 1985 (WA) Cases Cited: Wrigley v Owners Corporation SP 53413 [2017] NSWCATAP 100 Owners SP 56911 v Stricke [2012] NSWCTTT 392 Balafoutis and Ors v Owners SP 76563 [2016] NSWCATCD 83 Owners SP 35042 v Seiwa Australia Pty Ltd [2007] NSWCA 272 Topic and The Owners Corporation of Raffels Waterfront Strata Plan 48545 [2016] WASAT 27 Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Category: Principal judgment Parties: Annamaria Melani (applicant) The Owners Strata Plan No 22214 (respondent) File Number(s): SCS 16/47866 Publication restriction: Nil