The Owners – Strata Plan No 5319 v Price;; Price v The Owners – Strata Plan No 5319 [2019] NSWCATCD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 5319 v Price;; Price v The Owners – Strata Plan No 5319 [2019] NSWCATCD 3 Hearing dates: 18 April 2018 Date of orders: 03 January 2019 Decision date: 03 January 2019 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: The Tribunal makes the following orders:

1. The lot owner, Cheree Margaret Price at her own cost must:

(i) reinstate the wall between the laundry and pantry of Lot 8 in Strata Plan No 5319 and the affected areas of the lot and common property to a structurally sound condition comparable to the adjacent areas of the common property not affected by the works.

(ii) Remove all unauthorised works to the floor space of Lot 8 in Strata Plan No 5319 in all areas other than floor space comprising a kitchen. laundry, lavatory or bathroom and reinstate the former floor covering in those areas: and

(iii) remove and reinstate common property and lot property works (except as properly approved by the applicant under Sections 108, 110, 111 and/or Section 143 of the Strata Schemes Management Act 2015 (NSW) (SSMA)) as follows: - wall works: and - hard flooring works.

2. For the purpose of order 1 above, the unlawful common property works are to be completed by a qualified and licenced contractor(s) with due skill and care by 1 April 2019.

3. If either party seeks to make an application for costs, they are to provide to the Tribunal and the other party, either in person or by post, submissions and documents in relation to costs by 18 January 2019.