Rosenthal v The Owners - SP 20211 [2017] NSWCATCD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rosenthal v The Owners - SP 20211 [2017] NSWCATCD 80 Hearing dates: 26 June 2017 Decision date: 29 August 2017 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: 1. The respondent shall immediately take all steps to further investigate as necessary and to correct all sources of water ingress to lot 64 and in particular shall carry out the following work in addition to any other that is found necessary to achieve compliance with these orders;

(1) Replace entire waterproof membrane on level 20.

(2) Correct weep holes to brick cavity wall to main bedroom, correct as necessary flashing in brick cavity wall to main bedroom and investigate and correct as necessary water ingress from downpipe within column to south end of main bedroom.

(3) Waterproof the window hob to second bedroom, install or correct as necessary the flashing and weep holes to the wall between the second bedroom and study and perform all other steps necessary to correct the ingress of water to the second bedroom and study.

(4) In regard to the bedroom on level 20, install water-stop at top of hob, install or correct as necessary the flashing to the east of the window suite, correct as necessary failed end-stops at the end of the sub-sills and failed mitre joints.

2. The respondent shall immediately take all steps to replace the fire rated front door to lot 64.

3. All work referred to in orders 1 and 2 shall be completed on or before 22 November 2017.

4. The respondent, The Owners-Strata Plan 20211, shall pay the applicants, Thomas Rosenthal and Joanne Rosenthal, jointly, the sum of $8,793.49 immediately.