Maston v The Owners — Strata Plan No. 11784

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Maston v The Owners — Strata Plan No. 11784 [2020] NSWCATCD 18

Hearing dates:

01 August 2019

Date of orders:

28 January 2020

Decision date:

28 January 2020

Jurisdiction:

Consumer and Commercial Division

Before:

Geoffrey Meadows, Senior Member

Decision:

The application is dismissed.

Catchwords:

STRATA AND COMMUNITY SCHEMES — Repair of common property

Legislation Cited:

Strata Schemes Management Act 2015 (NSW)

Cases Cited:

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

Pullicin v The Owners — Strata Plan No. 74835 [2019] NSWCATCD 17 July 2019

Shih & Oars v The Owners — Strata Plan No. 87879 [2018] NSWCATCD 74

The Owners — Strata Plan No. 30621 v Shum [2018] NSWCATAP 15

Shih v The Owners — Strata Plan No. 87879 [2019] NSWCATAP 263

Davenport v The Owners – Strata Plan 536; The Owners – Strata Plan 536 v Davenport [2018] NSWCATAP 301

Texts Cited:

Nil

Category:

Principal judgment

Parties:

James Maston (First Applicant)
Lunar Maston (Second Applicant)
The Owners—Strata Plan No. 11784 (Respondent)

Representation:

Solicitors:
Le Page Lawyers (Applicant)
Chambers Russell Lawyers (Respondent)

File Number(s):

SC 19/16129

Publication restriction:

Nil

REASONS FOR DECISION

Background

1. This application was lodged on 03 April 2019 by James and Lunar Maston as the owners of Lot 4 in Strata Plan No. 11784 seeking the following orders under s. 232 of the Strata Schemes Management Act 2015 (SSM Act):

1. That the Owners Corporation repair in a proper and skilful manner the following defects in the common property and their respective causes:

1.1   Water ponding on the concrete path adjacent to the external southern wall of the Applicants’ lot by implementation of the recommendations in the report of RHM Consultants Pty Ltd (“RHM report”) dated 2 August the 2018;

1.2   Removal of the spitter trains on the northern and southern masonry walls on the stairwell adjacent to the Applicants’ lot and application of grout to the voids in that area, as recommenced [sic] in the RHM report; and;

1.3   Repair the cavity flashing on the external wall of the Applicant’s lot.

1. That the Owners Corporation reinstate and/or replace the gate and adjoining fences at the entrance to the Applicants’ lot, by consultation and agreement with the Applicant’s with the design to be in keeping with the external appearance of the strata scheme.

2. For the purposes of the proper completion and certification of the repairs, that the Owners Corporation retain a properly qualified and experienced consultant to specify, to supervise and to certify the satisfactory completion of the repairs in favour of the Owners Corporation.

3. That the repair on each of the defects be commenced within four weeks of the making of these orders (if they are not previously commenced) and be completed and certified within four weeks of commencement or such other period as the Tribunal may order.”

   2. By letter dated 07 May 2019, the respondent owners corporation’s solicitors wrote to the registrar…