The Owners Strata Plan No 4393 v Roberts (No.2)

In this case, the Owners Strata Plan No 4393 brought an action against Mei Lan Roberts, who is a resident of a strata property. The dispute centred around Roberts' contravention of specific orders issued by the Tribunal under the Strata Schemes Management Act 2015. The applicants sought enforcement of the orders and imposition of civil penalties for the breaches. The case was heard and determined by the Civil and Administrative Tribunal of New South Wales.

The central legal issue before the court was the determination of the appropriate civil penalty for Roberts' multiple breaches of Tribunal orders. Specifically, the court needed to decide whether the maximum penalty under section 247A of the Act should be imposed and whether any penalty should be paid to the applicant Owners Corporation. The applicants argued that the maximum penalty should be applied, while Roberts contended that a lesser penalty was appropriate.

The court held that the maximum penalty under section 247A of the Act should be imposed for the breaches, as Roberts had contravened the orders on multiple occasions. The court found that the nature and circumstances of the contraventions warranted the maximum penalty. Additionally, the court ruled that the penalties should be paid to the applicant Owners Corporation, as stipulated in the orders. This decision reflects the importance of enforcing Tribunal orders to maintain the integrity of the strata management system.

The final orders required Roberts to pay a civil penalty of 25 penalty units, equating to $2750, for the contraventions of order 4, and a penalty of 50 penalty units, equating to $5500, for the contraventions of order 1. Both penalties were to be paid within 30 days of the orders. Furthermore, Roberts was ordered to pay the applicants' costs of the proceedings, with the costs to be agreed upon or assessed on an ordinary basis.