Owners Corporation SP 22607 v Yang [2018] NSWCATCD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 22607 v Yang [2018] NSWCATCD 3 Hearing dates: 24 August 2017 Date of orders: 24 January 2018 Decision date: 24 January 2018 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: (1) On or before 30 March 2018, the respondent, at her own cost, is to present to the Owners Corporation a common property rights by-law in relation to each of the unauthorised works, including (but not limited to) independent expert evidence that all unauthorised works have been done with due skill and care and in accordance with the relevant Australian standards, evidence that the works do not affect the structural stability of the building (including the removed wall). The applicant is not to unreasonably deny the making of the by-law.

(2) In the event that the above is not complied with then the respondent, must at her own cost remove the unauthorised works and restore the common property to its previous state and repair any damage to the common property by 30 April 2018.

(3) The respondent is to pay the applicants costs as agreed or assessed. Catchwords: STRATA – minor works – works affecting common property, unauthorised works. Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: Nil Category: Principal judgment Parties: Owners Corporation SP 22607 (Applicant) Julie Yang (Respondent) Representation: Solicitors: Mr C Cunio (Applicant) Ms Yang in person File Number(s): SC 17/08505 Publication restriction: Nil