The Owners – Strata Plan No 74835 v Pullicin; The Owners – Strata Plan No 80412 v Vickery [2020] NSWCATAP 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 74835 v Pullicin; The Owners – Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 Hearing dates: 19 December 2019 Date of orders: 15 January 2020 Decision date: 15 January 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President Hennessy ADCJ, Deputy President T Simon, Principal Member Decision: The Owners – Strata Plan No 80412 v Vickery (1) The appeal is allowed. (2) The following order made by the Tribunal on 18 October 2019 is set aside: 1. The Owners Strata Plan 80412 c/- Vardanega Roberts DX 738 SYDNEY NSW 2000 Australia is to pay Graham John Vickery c/- Morag & Agnew DX 7808 NEWCASTLE NSW 2300 Australia the sum of $97,000.00 immediately. (3) If either party wishes to file and serve submissions in relation to the Appeal Panel's proposed costs orders, they should do so within 14 days of the date of these reasons. (4) If either party wishes to make submissions in reply to the Appeal Panel's proposed costs orders, they should do so within 14 days of receiving the other party's submissions. (5) Final costs orders will be determined on the papers.

The Owners – Strata Plan No 74835 v Pullicin (1) The appeal is allowed. (2) The following order made by the Tribunal on 17 July 2019, is set aside: 3. The respondent is to pay to the applicants the sum of $73,744.76 within 60 days of the date of these orders. (3) If either party wishes to file and serve submissions in relation to the Appeal Panel's proposed costs orders, they should do so within 14 days of the date of these reasons. (4) If either party wishes to make submissions in reply to the Appeal Panel's proposed costs orders, they should do so within 14 days of receiving the other party's submissions. (5) Final costs orders will be determined on the papers. Catchwords: STRATA TITLE – appeal from order of Tribunal awarding damages for breach of statutory duty – whether s 232 of the Strata Schemes Management Act 2015 confers order making power on the Tribunal to order damages under s 106(5)