The Owners - Strata Plan No 68255 v Downs; Downs v The Owners - Strata Plan No 68255

The Owners – Strata Plan No 68255 sued Helena Marie Downs in the Civil and Administrative Tribunal (CAT), regarding a dispute over the ownership and use of common property in a strata scheme. The Owners argued that Downs had encroached on common property and constructed unauthorised structures on the land. They sought an order to remove the unauthorised structures and for Downs to pay costs.

The legal issues before the Tribunal were whether the CAT had jurisdiction to order the Owners corporation to convene a general meeting, whether the CAT could make an order restraining Downs from exclusively occupying common property, and whether the Owners could be granted costs. The Tribunal considered the application of the Strata Schemes Management Act 2015 and relevant case law to determine these issues.

The Tribunal found that it did not have jurisdiction to order the Owners corporation to convene a general meeting as this was a matter for the Owners corporation to decide. However, the Tribunal did have the power to make an order restraining Downs from exclusively occupying common property, as this was necessary to prevent unauthorised occupation of common property. The Tribunal also found that the Owners were entitled to costs under section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), as the matter could be determined on the papers without a hearing.

The Tribunal ordered Downs to remove the unauthorised structures from the common property and to pay costs to the Owners. The Tribunal also directed that either party may file and serve written submissions seeking an order in relation to the costs of the proceedings.