Community Association DP 270158 v O’Neill [2018] NSWCATCD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Community Association DP 270158 v O'Neill [2018] NSWCATCD 26 Hearing dates: 27 February 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: (1) The respondent is to cause the undertaking of all such works as may be necessary to ensure compliance with the Australian Building Code, the relevant Australian Codes for the swimming pool and fencing works surrounding it constructed on Lot 8 of the Community Association DP 270158 and is to produce evidence of compliance within 60 days of the date of these orders.

(2) The enclosure of the decks, including roofing above them in the centre of the house on Lot 8 in DP270158 is to be removed and that area is to be returned to the condition it was prior to the commencement of those works. Such works are to be completed within 60 days from the date of these orders.

(3) The respondent is to relocate the water tank at the rear of the house which is currently located outside the designated building area so that the water tank complies with the Community Management Statement for the Community Association of DP 270158. The tank is to be moved to an area located within the designated building area within 30 days of the date of these orders.

(4) The respondent is to pay the applicant's cost as agreed or assessed on a party/party basis within 14 days after an agreement or an assessment under Pt 4.3 Div 7 of the Legal Profession Uniform Law Application Act 2014.

(5) The Appeal SCS 17/33366 is dismissed and each party is to pay its own costs Catchwords: New Constructions and building modifications compliant with Community Management Statement – Whether the By-laws contained in the Community Management Statement are binding upon the parties Costs in respect of a community land management adjudication which has been referred to the Tribunal. Legislation Cited: Civil and Administrative Tribunal Act 2013 Community Land Management Act 1989 Cases Cited: Colgate Palmolive Co. v Cussons Pty Ltd [1993] 46 FCR 225 Cripps v G & M Mawson [2006] NSWCA 94 Owners Corporation SP 68751 v Community Association DP 270281 [2015] NSWCATCD 99 Owners Corporation SP 80412 v Vickery [2018] NSWCATAP 29 Sakkara Landings Trust v The Residents Committee of the Landings Retirement Village [2016] NSWCATAP 52 Sewell v Zelden (No. 2) [2010] NSWSC 1181 Category: Principal judgment Parties: Community Association DP 270158 – Applicant Patricia May O'Neill – Respondent Representation: Mr Bambagiotti of Counsel for the applicant Mr Woods for the respondent Grace Lawyers for the applicant de Mestre & Company Solicitors for the respondents File Number(s): SCS 17/29022 (external appeal) SCS 17/33366 (adjudication referred to Tribunal) Publication restriction: Nil