Davis v Owners Corporation SP 63429 [2018] NSWCATCD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davis v Owners Corporation SP 63429 [2018] NSWCATCD 27 Hearing dates: 2 and 8 November 2017 Date of orders: 21 June 2018 Decision date: 21 June 2018 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: (1) By consent, the Tribunal prescribes that the by-law set out in attachment 1 is to replace by-laws 46.2 (attachment 1 is attached to these orders).

(2) By consent, the Tribunal orders that within 60 days the Owners Corporation cause to be registered on title: Folio CP/SP63429 a "change of by-laws form 15CH" recording that special by-law 46.2 has been replaced by the foregoing.

(3) By consent, the Tribunal orders that the respondent effect all repairs to or replace common property necessary to prevent water ingress into the main bedroom on the upper story of lot 18, by 28 February 2018.

(4) By consent the respondent will retain an independent qualified engineer to provide a cope of works in order to comply with order 3 above ('Works'). Thereafter the respondent through its chosen contractors will undertake the "Works"

(5) Orders 3 and 4 are subject to the Applicant providing access to the Owners Corporation, its chosen contractors, engineer and persons working with the engineer on 4 days written notice, to comply with orders 3 and 4.

(6) The Tribunal declares that special by law 59 is invalid on and from 23 March 2016, being the date when it was adopted.

(7) On or before 31 August 2018 the Owners Corporation is to cause to be registered on title: Folio CP/SP63429 a 'Change of By-Law Form CH 15' removing special by-law 59.