The Owners - Strata Plan No. 61285 v Taylor (No. 3)

The Owners - Strata Plan No. 61285 sought to enforce a civil penalty against Taylor, pursuant to s 247A of the Strata Schemes Management Act 2015. The dispute centred around a contravention of a Tribunal order, with the court tasked with determining the appropriate recipient of the imposed penalty and the associated costs. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The central legal issues for the court to address were whether the Tribunal had the authority to direct the recipient of the penalty and, if so, what considerations should guide that decision. Additionally, the court had to consider the appropriate allocation of costs in these proceedings, particularly regarding the costs of the strata managing agent and the rejected expert report.

The court found that the NCAT indeed possessed the power to direct to whom the penalty should be paid, considering factors such as the nature of the contravention and the impact on the community. The court concluded that the penalty should be paid to The Commissioner of Fair Trading, Department of Finance, Services and Innovation, as this would serve the public interest by ensuring the funds were used for community benefit. Regarding costs, the court awarded a lump sum to the applicant for the strata managing agent's costs but disallowed the costs of the rejected expert report, resulting in an immediate payment order of $2,430.80.

The court's final orders mandated that the penalty of $3,850.00 be paid to the specified government entity immediately, dissolved the stay previously imposed, and required the respondent to pay the applicant the sum of $2,430.80 for the costs of the proceedings.