The Owners – Strata Plan No 82306 v Anderson [2017] NSWCATCD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 82306 v Anderson [2017] NSWCATCD 85 Hearing dates: 28 August 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Consumer and Commercial Division Before: Wright J, President M Harrowell, Principal Member R Seiden SC, Principal Member Decision: 1. Subject to the condition set out in order 2, the respondent, Prudence Anderson, is to pay a pecuniary penalty of $2,500.00 to the Director General of the Department of Fair Trading on or before 15 January 2018.

2. Order 1 ceases to have effect if the respondent, Prudence Anderson, on or before 12 January 2018: (a) has installed in Lot 2 in Strata Plan No 82306 in place of the carpet and underlay removed by her a floor finish that is either a soft floor or a hard floor, complying with By-law 14.2; and (b) gives to the Tribunal and to the applicant, the Owners Corporation of Strata Plan No 82306, an affidavit confirming that the work referred to in the preceding par (a) has been done and annexing an acoustic report carried out in accordance with By-law 14.3(b) by an acoustic engineer or other appropriately qualified person in respect of the replacement floor finish referred to in par (a) demonstrating that By-law 14.2 has been complied with.

3. If the Owners Corporation wishes to apply for costs of this application: (a) the Owners Corporation is to give to the Tribunal and to Ms Anderson written notice of its application for costs together with any evidence and submissions (including submissions on whether the costs application should be determined without an oral hearing) on which it relies on or before 10 November 2017; (b) if Ms Anderson opposes the making of a costs order against her, she is to give to the Tribunal and the Owners Corporation any evidence and submissions (including submissions on whether the costs application should be determined without an oral hearing) on which she relies on or before 17 November 2017; (c) the Owners Corporation is to give to the Tribunal and to Ms Anderson any evidence or submissions in reply on or before 24 November 2017. Catchwords: STATUTORY CONSTRUCTION – enforcement proceedings concerning an order of a Strata Schemes Adjudicator made before repeal of the Strata Schemes Management Act 1996 (NSW) – effect of repeal of the 1996 Act – effect of transitional provisions of Strata Schemes Management Act 2015 (NSW) and Interpretation Act 1987 (NSW) – right to bring enforcement proceedings, as if the Strata Schemes Management Act 1996 (NSW) had not been repealed, preserved by s 30 of the Interpretation Act – Sch 3 cl 9 of Strata Schemes Management Act 2015 is merely facultative and does not establish an exclusive regime