John Maait Properties Pty Ltd v The Owners - Strata Plan No 50396 [2019] NSWCATAP 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: John Maait Properties Pty Ltd v The Owners - Strata Plan No 50396 [2019] NSWCATAP 26 Hearing dates: 17 January 2019 Date of orders: 23 January 2019 Decision date: 23 January 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr J Lucy, Senior Member Decision: Leave to appeal is refused and the appeal is otherwise dismissed Catchwords: STRATA SCHEMES – unauthorised alteration to common property – obligation on Owners Corporation to reinstate common property – damages for breach of duty to repair – by-law regulating security access to building – by-law limiting access devices and areas of common property to which access is given – not harsh, unconscionable or oppressive – jurisdiction to award damages for loss arising from exercise of power in respect of issuing security access devices. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Strata Schemes Management Act, 1996 (NSW) Strata Schemes Management Act, 2015 (NSW) Cases Cited: Davenport v The Owners – Strata Plan No 536; The Owners – Strata Plan No. 536 v Davenport [2018] NSWCATAP 301 The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 The Owners Strata Plan No. 30621 v Shum [2018] NSWCATAP 15 The Owners – Strata Plan No. 50276 v Thoo [2013] NSWCA 270 Texts Cited: Nil Category: Principal judgment Parties: John Maait Properties Pty Ltd (Appellant) The Owners - Strata Plan No 50396 (Respondent) Representation: Solicitors: Norris Somers Maait (Appellant) Jane Crittenden, Lawyer (Respondent) File Number(s): AP 18/43327 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 03 September 2018 Before: S De Jersey, General Member File Number(s): SC 18/25971