Guo v The Owners - Strata Plan No. 70067 [2019] NSWCATAP 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Guo v The Owners - Strata Plan No. 70067 [2019] NSWCATAP 219 Hearing dates: 1 May 2019 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Thode, Senior Member Decision: (1) Appeal dismissed. (2) If either party desires to make an application for costs: (a) they are to so inform the other party within 14 days of the date of these reasons; (b) the applicant for costs is to lodge with NCAT and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of these reasons; (c) the respondent to any costs application is to lodge with NCAT and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons; (d) any reply submissions limited to three pages are to be lodged with NCAT and served on the other party within 35 days of the date of these reasons; (e) both parties are to indicate in their submissions whether they consent to an order dispensing with a hearing of the costs application, and if they do not consent, submissions of no more than one page as to why a hearing should be conducted. Catchwords: LAND LAW – strata title – common property – maintenance and repair of common property – long-standing defects and delays - functions of owners corporation – alleged breach of statutory obligation for maintenance and repair - recent compulsory appointment of strata manager by tribunal – commencement of work and planning for further work – discretion not to make orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), clause 12(1) of Schedule 4 Strata Schemes Management Act 2015 (NSW), ss 106, 232 Cases Cited: Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Seiwa Australia Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157 Category: Principal judgment Parties: Zhi Jun Guo (Appellant) The Owners - Strata Plan No. 70067 (Repsondent) Representation: Solicitors: Appellant (Self Represented) Sachs Gerace Broome (Respondent) File Number(s): AP 19/05109 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 January 2019 Before: T Simon, Senior Member File Number(s): SC 18/37294