The Owners - Strata Plan No. 61285 v Taylor (No.2)

The Owners – Strata Plan No. 61285 were the applicants in a proceeding brought against Taylor, the respondent. The applicants sought a pecuniary penalty for contravention of an order of the NSW Civil and Administrative Tribunal (CAT). The dispute was heard and determined by the CAT. The central issue before the CAT was the assessment of an appropriate penalty under section 247A of the Strata Schemes Management Act 2015 (NSW) for the contravention of a Tribunal order. The court also considered the issue of to whom the penalty should be paid. In determining the appropriate penalty, the CAT examined the purpose of the penalty provisions, which is to provide a deterrent against future contraventions. The court considered the maximum penalty available under the legislation and the need for the penalty to be sufficient to achieve its deterrent effect. The CAT determined that the respondent should pay a penalty of 35 penalty units, equivalent to $3850.00. The CAT stayed the enforcement of the penalty pending determination of the issue of to whom the penalty should be paid. The CAT directed the Registrar to give notice of the orders and reasons to the Commissioner of Fair Trading to consider whether the Minister or Commissioner wishes to intervene and make submissions about to whom a civil penalty imposed under s 247A of the Strata Schemes Management Act 2015 should be paid.