Davenport v The Owners – Strata Plan 536;; The Owners – Strata Plan 536 v Davenport [2018] NSWCATAP 301

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davenport v The Owners – Strata Plan 536;; The Owners – Strata Plan 536 v Davenport [2018] NSWCATAP 301 Hearing dates: 17 April 2018, 27 July 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Kearney, Senior Member Decision: 1. The time to file appeal AP 18/22843 is extended to 11 May 2018.

2. Leave to appeal is granted and the appeal is allowed.

3. The orders made in applications SC 17/14533 and SC 17/24903 are set aside.

4. In lieu thereof the following orders are made:

a) The Owners Corporation is, at its cost, to repair the balcony attached to Lot 1 and carry out all necessary incidental work in accordance with the scope of work contained at pages 10 - 12 of the Ellis Constructions Report dated 15 June 2017 found in volume 2, pages 380-382 of the appeal bundle filed in appeal AP 18/08518 (the Works).

b) The Owners Corporation is to take such steps as are necessary to obtain all relevant Council and other approvals as may be required to undertake the Works.

c) Subject to any application to extend time, which application may be made to the Tribunal at first instance, the Works are to be completed on or before 30 April 2019.

d) Liberty to apply to the Tribunal at first instance for directions concerning the implementation of these orders.

5. Resolution 11 made 13 September 2016 is invalid and of no effect.

6. Save as provided above, the appeals are dismissed.