Gao v The Owners Strata Plan No 100946; Jiang v Gao

The case of Gao v The Owners Strata Plan No 100946; Jiang v Gao was heard by the Civil and Administrative Tribunal of New South Wales. The dispute centred on the ownership and use of a parking space in a strata scheme, specifically lot 7 in Basement 2, and the markings denoting its allocation. The respondents, the Owners Strata Plan No 100946, had altered the original parking space marking from ‘103’ to ‘703’, which the applicants, Gao and Jiang, contested as they believed the change was unlawful and prejudicial to their rights.

The legal issues before the tribunal included whether the alteration of the parking space marking was valid and whether it constituted an infringement on the applicants' rights under the Strata Schemes Management Act 2015. Furthermore, the tribunal had to consider the application of the Indefeasibility of title principle as it relates to strata properties and the extent to which the Real Property Act 1900 and the Conveyancing Act 1919 apply to the situation. The tribunal also needed to determine the appropriateness of the relief sought by the applicants and whether any of the respondents should be ordered to pay costs.

The tribunal found that the alteration of the parking space marking from ‘103’ to ‘703’ was not in accordance with the statutory requirements and was therefore invalid. The tribunal concluded that the respondents must permanently remove the ‘703’ marking and reinstate the original ‘103’ marking within the specified timeframe, using materials and specifications that match the strata scheme’s standards. The tribunal dismissed the other proceedings brought by the applicants and declined to make any orders regarding costs unless a party files an application within the stipulated timeframes, which would then be considered in accordance with the Civil and Administrative Tribunal Act 2013.