Frampton v The Owners – Strata Plan No 35012; The Owners – Strata Plan No 35012 v Frampton [2019] NSWCATCD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frampton v The Owners – Strata Plan No 35012; The Owners – Strata Plan No 35012 v Frampton [2019] NSWCATCD 15 Hearing dates: 8 December 2017; 20 April 2018; 2 November 2018; Written submissions 12 December 2018; 2 January 2019; 17 January 2019. Date of orders: 19 February 2019 Decision date: 19 February 2019 Jurisdiction: Consumer and Commercial Division Before: L Wilson, Senior Member Decision: In SC17/35958:

1. The Framptons application is dismissed.

In SC17/50958:

2. Mrs Frampton must pay a monetary penalty of $1,100 to the Owners Corporation immediately.

In both applications:

3. If the Owners Corporation wishes to make a cost order it must do so, with submissions, by 15 March 2019. A copy of the application and submissions may be emailed to both the Tribunal and the Framptons;

4. The Framptons may make any submissions opposing a cost order against them, by 8 April 2019.

5. If no cost application is made, and no submissions are received, the Tribunal will order that the Framptons pay the OC's costs of both proceedings, from 14 February 2017 to date, as agreed or assessed, on the ordinary basis. Catchwords: Strata – Damage to Common Property – Work Order – Sale of Lot after hearing Strata – Notice to Comply - Penalty Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 1996 (repealed) Strata Schemes Management Act 2015 Category: Principal judgment Parties: In SC17/35958: Alexandra Frampton (Applicant) Peter Frampton (Applicant) The Owners – Strata Plan No 35012 (Respondent)