Lam v The Owners – Strata Plan No. 9562;; The Owners – Strata Plan No. 9562 v Lam [2019] NSWCATCD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lam v The Owners – Strata Plan No. 9562;; The Owners – Strata Plan No. 9562 v Lam [2019] NSWCATCD 21 Hearing dates: 22 March 2019 Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Consumer and Commercial Division Before: S A McDonald, Senior Member Decision: 1. In SC 18/51122, the application is dismissed; and

2. In SC 19/09755, the Tribunal orders: (1) The respondent shall within 28 days of the date of this order remove from the common property areas around Lot 7 SP 9562 the six CCTV surveillance cameras unlawfully installed by the respondent in July 2015 and in October 2018 and shall repair any damage caused to the applicant's common property by their installation; (2) The respondent shall bear the costs of such removal and of the repair of any damage caused to the applicant's common property by their installation; and (3) If such work and repair is not completed by the respondent within 28 days of the date of this order, then the applicant is at liberty to undertake the work and repair in Order 1 and at the respondent's expense. Catchwords: Strata scheme – installation of security cameras on common property by unit holder – no by-law or resolution of owners corporation in support – contrary by‑law – direction to remove by owners corporation – compulsory appointment of strata manager Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 Surveillance Devices Act 2007 (NSW) Cases Cited: Bischoff & Ors v Sahade & Ors [2015] NSWCATAP 135 Ghabour v The Owners – Strata Plan No. 53284 [2019] NSWCATCD (26 February 2019) Lai v Community Association DP 270214 [2016] NSWCATCD 58; Category: Principal judgment Parties: Proceedings SC 18/51122: Angelina Lam (Applicant) The Owners – Strata Plan No 9562 (Respondent)