The Owners Strata Plan No. 6522 v Sullivan

In the matter of The Owners Strata Plan No. 6522 versus Sullivan, the dispute revolved around an interim relief sought by the applicant, The Owners Strata Plan No. 6522, against the respondents who were carrying out work on the common property. The case was heard and determined by the Tribunal, with the decision being communicated through a series of ex parte orders made on 16 August 2022. These orders required the respondents to cease their work involving the redirection of a waste pipe to the external wall of lot 31. The applicant sought to extend the cessation order and to seek compensation for any adverse effects caused by the respondents' actions.

The legal issues before the court centred around the enforcement of the ex parte orders and the rights and obligations of the parties under the strata scheme legislation. Specifically, the court had to determine whether the interim relief should be extended, the extent to which the respondents were liable for compensation, and whether the orders should be varied in any way. The applicant argued that the work being undertaken by the respondents was detrimental to the common property and could cause damage to the respondents' properties. The respondents, on the other hand, contended that their actions were necessary for the maintenance and repair of their own property and did not infringe on the rights of the applicant.

In reaching its decision, the court considered the provisions of the relevant strata scheme legislation and the circumstances of the case. The court found that the respondents' actions did indeed constitute a breach of the applicant's rights under the legislation and that the ex parte orders should be extended to prevent further damage to the common property. The court also determined that the applicant was entitled to seek compensation for any losses suffered as a result of the respondents' actions. However, the court did not make any final determination on the amount of compensation to be paid, instead reserving that decision for a later date. The court further granted each party the liberty to apply for further orders as necessary and reserved the question of costs.

In conclusion, the court extended the cessation order to 5pm on 3 October 2022 and directed the applicant to submit an order (if any) for the payment of compensation to be assessed by the Tribunal or as it may direct. The court also granted each party the liberty to apply on three days’ notice and reserved the question of costs. The decision underscores the importance of respecting the rights and obligations of all parties under a strata scheme and the need for prompt action to prevent damage to common property.