The Owners - Strata Plan No 82306 v Anderson

The Owners - Strata Plan No 82306 commenced proceedings against Prudence Anderson in the Civil and Administrative Tribunal of New South Wales, seeking enforcement of an order made by a Strata Schemes Adjudicator. The dispute centred on the enforcement of an order made prior to the repeal of the Strata Schemes Management Act 1996 (NSW) and the effect of the transitional provisions of the Strata Schemes Management Act 2015 (NSW) and the Interpretation Act 1987 (NSW). The Tribunal was required to determine whether the right to bring enforcement proceedings was preserved by section 30 of the Interpretation Act, and whether Schedule 3 clause 9 of the Strata Schemes Management Act 2015 established an exclusive regime.

The Tribunal found that the right to bring enforcement proceedings was preserved by section 30 of the Interpretation Act, which provided that the repealed Act continued to apply as if it had not been repealed. The Tribunal also found that Schedule 3 clause 9 of the Strata Schemes Management Act 2015 was merely facultative and did not establish an exclusive regime. The Tribunal further found that the Owners were entitled to a civil pecuniary penalty under section 202 of the Strata Schemes Management Act 1996, and exercised its unfettered discretion to impose a penalty of $2,500. The Tribunal took into account the purposes of imposing a penalty and the general factors that may be considered when determining whether a pecuniary penalty is to be imposed and the amount of the penalty.

The Tribunal made an order that Prudence Anderson pay a pecuniary penalty of $2,500 to the Director General of the Department of Fair Trading on or before 15 January 2018, subject to certain conditions. The order also provided for a costs application by the Owners Corporation, with specific timelines for the exchange of evidence and submissions. The Tribunal found that the Owners were entitled to a pecuniary penalty and made an order for the penalty to be paid within a specified timeframe, subject to certain conditions being met. The Tribunal also provided for a costs application by the Owners Corporation, with specific timelines for the exchange of evidence and submissions.