The Owners-Strata Plan No 92334 v Zheng

The Owners-Strata Plan No 92334 brought proceedings against Peng Zheng and Ning Lu, the respondents, in the Civil and Administrative Tribunal of New South Wales. The dispute centered on alleged breaches of strata by-laws by the respondents, specifically relating to parking on common property. The applicant sought penalties for these breaches and the associated costs of the proceedings.

The primary legal issue before the tribunal was whether the contravention of notices to comply with the by-laws had been established. Additionally, the tribunal needed to determine the applicable penalty for these breaches. The case hinged on the service of the notices and whether the respondents had effectively been given adequate opportunity to comply with the by-laws.

The tribunal found that the notices to comply with the by-laws were properly served on the respondents, thus establishing the contravention. Consequently, the tribunal determined that the respondents were liable for the penalties imposed by the by-laws. The tribunal ordered the respondents to pay the applicant the amount of $550 within 14 days from the date of the decision. The tribunal also set out detailed directions for the filing and serving of costs submissions and documents, specifying deadlines and methods of service, and indicating that the issue of costs might be determined without a further oral hearing.