Carli v The Owners - Strata Plan No 56120 [2018] NSWCATCD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carli v The Owners - Strata Plan No 56120 [2018] NSWCATCD 55 Hearing dates: 27 August 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: 1. An order is made pursuant to the provisions of the Strata Schemes Management Act 2015 s 232(1)(a) that the respondent shall fulfil its duty pursuant to s 106(1) of the Act and specifically the respondent, on appointment of an independent expert to report on the adequacy of remedial work pursuant to consent orders made on application SC17/37483, shall direct such independent expert to report on the adequacy of remedial works carried out to the common property windows, doors and balcony of lot 601, and to include any additional work associated with lot 601 in any scope of additional works found to be necessary.

2. An order is made pursuant to the provisions of the Strata Schemes Management Act 2015 s 232(1)(a) that the respondent shall contract with suitably qualified contractors for the carrying out of all work necessary to rectify damage to lot 601 arising from ingress of water and work performed within the lot by the respondent's contractors. All necessary work to be completed within 30 days of the date of these orders.

3. An order is made pursuant to the provisions of the Strata Schemes Management Act s 232(1)(a) to give effect to the applicant's rights pursuant to s 106(5) that the respondent shall pay the applicant the sum of $50,839.23 forthwith.

4. A further order is made that the respondent shall pay the applicant the sum of $3910.71 per month from 27 August 2018 until all works referred to in order (2) are complete. Payment to be made immediately on completion of those works.