Westbury v The Owners - Strata Plan No 64061

Westbury sought an order against the owners of a strata plan, alleging breaches of the Civil and Administrative Tribunal Act 2013. The dispute was heard in the Civil and Administrative Tribunal of New South Wales. The applicant claimed that the respondents had failed to comply with a previous order of the tribunal, which required them to make certain repairs to the strata property. Westbury sought civil pecuniary penalties against the respondents under section 77 of the Act, and the respondents argued against the imposition of a penalty, contending that the appointment of a managing agent under the Strata Schemes Management Act 2015 should be considered in determining whether a penalty should be imposed.

The tribunal considered the appropriate factors in deciding whether to impose a penalty, including the seriousness of the breach, the culpability of the respondents, and any relevant mitigating factors. The tribunal held that the respondents had intentionally and repeatedly failed to comply with the order, and that the appointment of a managing agent did not absolve them of their obligations under the Act. The tribunal also considered the issue of whether to allow further or additional evidence, and whether to make consent orders under sections 57 and 77 of the Act. Ultimately, the tribunal declined to make consent orders, finding that the respondents had not demonstrated satisfactory compliance with the previous order.

The tribunal ordered that the respondents pay a pecuniary penalty of $6,600.00, as well as the costs of the applicants. The tribunal noted that the penalty was not excessive, given the seriousness of the breach and the need to deter future non-compliance. The tribunal also ordered that certain documents be admitted as evidence in the application, and that a hearing be dispensed with in relation to the admission of those documents. The tribunal held that the applicants were entitled to costs under section 60 of the Act, and that there were no special circumstances that would warrant an order for costs on a different basis.