Portfolio Profile
Lot Types
Residential 52,515 (93%)
Commercial 3,271 (6%)
Utility 568 (1%)
Other 204 (0%)
Scheme Size Distribution
Distribution of schemes by total lot count. Average scheme size: 46.5 lots. Most schemes fall in the 11–25 lot range, typical of small apartment blocks.
Portfolio Age
Schemes by registration decade. Oldest scheme registered 1962, newest 2025.
Suburb Coverage
| Suburb | Schemes | Lots | % of Portfolio | Market Share | |
|---|---|---|---|---|---|
| Hurstville 2220 | 36 | 1,337 | 3% | 7.4% | |
| Kogarah 2217 | 29 | 1,268 | 2% | 8.9% | |
| Wollongong 2500 | 29 | 1,096 | 2% | 3.7% | |
| Cronulla 2230 | 28 | 320 | 2% | 3.2% | |
| Carlton 2218 | 26 | 271 | 2% | 13.8% | |
| Waterloo 2017 | 25 | 1,609 | 2% | 20.8% | |
| Caringbah 2229 | 22 | 678 | 2% | 5.0% | |
| Sutherland 2232 | 19 | 687 | 2% | 7.8% | |
| Penshurst 2222 | 18 | 233 | 1% | 6.8% | |
| Rockdale 2216 | 17 | 289 | 1% | 9.1% |
| Botany 2019 | 15 | 781 | 1% | 9.5% | |
| Miranda 2228 | 15 | 445 | 1% | 4.2% | |
| Alexandria 2015 | 14 | 610 | 1% | 7.5% | |
| Mortdale 2223 | 14 | 151 | 1% | 5.5% | |
| Gymea 2227 | 13 | 229 | 1% | 6.2% | |
| Maroubra 2035 | 13 | 188 | 1% | 2.0% | |
| Winston Hills 2153 | 12 | 2,800 | 1% | 60.0% | |
| Epping 2121 | 12 | 1,553 | 1% | 4.1% | |
| Mascot 2020 | 12 | 1,419 | 1% | 9.0% | |
| Bexley 2207 | 12 | 251 | 1% | 3.2% | |
| Parramatta 2150 | 11 | 1,247 | 1% | 2.3% | |
| Rouse Hill 2155 | 11 | 821 | 1% | 22.0% | |
| Engadine 2233 | 11 | 316 | 1% | 6.8% | |
| Woolooware 2230 | 10 | 323 | 1% | 7.0% | |
| Sydney 2000 | 10 | 570 | 1% | 2.0% | |
| Redfern 2016 | 10 | 542 | 1% | 8.0% | |
| Chipping Norton 2170 | 10 | 520 | 1% | 11.0% | |
| Rosebery 2018 | 9 | 936 | 1% | 9.8% | |
| Penrith 2750 | 9 | 501 | 1% | 2.1% | |
| Surry Hills 2010 | 9 | 517 | 1% | 3.5% | |
| South Hurstville 2221 | 9 | 220 | 1% | 7.6% | |
| Peakhurst 2210 | 9 | 120 | 1% | 4.5% | |
| Wentworth Point 2127 | 8 | 1,969 | 1% | 13.8% | |
| Arncliffe 2205 | 8 | 859 | 1% | 8.7% | |
| Kellyville 2155 | 8 | 1,363 | 1% | 26.7% | |
| Schofields 2762 | 8 | 962 | 1% | 10.1% | |
| Newtown 2042 | 8 | 491 | 1% | 5.8% | |
| Sans Souci 2219 | 8 | 194 | 1% | 3.3% | |
| Brighton-Le-Sands 2216 | 8 | 243 | 1% | 3.9% | |
| North Wollongong 2500 | 8 | 157 | 1% | 7.4% | |
| Riverwood 2210 | 8 | 130 | 1% | 7.3% | |
| Ashfield 2131 | 8 | 103 | 1% | 1.8% | |
| Coogee 2034 | 8 | 76 | 1% | 1.2% | |
| Menai 2234 | 8 | 104 | 1% | 10.7% | |
| Liverpool 2170 | 7 | 1,213 | 1% | 1.7% | |
| Castle Hill 2154 | 7 | 483 | 1% | 2.6% | |
| Canterbury 2193 | 7 | 415 | 1% | 7.0% | |
| Tallawong 2762 | 7 | 1,060 | 1% | 20.6% | |
| Macquarie Park 2113 | 7 | 724 | 1% | 4.7% | |
| Bankstown 2200 | 7 | 112 | 1% | 1.7% | |
| Belmore 2192 | 6 | 305 | 0% | 3.0% | |
| Auburn 2144 | 6 | 389 | 0% | 1.2% | |
| Gordon 2072 | 6 | 387 | 0% | 7.7% | |
| Lidcombe 2141 | 6 | 287 | 0% | 2.0% | |
| Burwood 2134 | 6 | 279 | 0% | 2.6% | |
| Kiama 2533 | 6 | 130 | 0% | 2.9% | |
| Corrimal 2518 | 6 | 172 | 0% | 4.0% | |
| Lane Cove 2066 | 6 | 182 | 0% | 3.0% | |
| Randwick 2031 | 6 | 108 | 0% | 0.7% | |
| Strathfield 2135 | 6 | 136 | 0% | 2.6% | |
| Oatley 2223 | 6 | 73 | 0% | 3.5% | |
| Rose Bay 2029 | 6 | 59 | 0% | 1.3% | |
| West Wollongong 2500 | 6 | 39 | 0% | 5.2% | |
| Granville 2142 | 5 | 699 | 0% | 2.4% | |
| North Sydney 2060 | 5 | 486 | 0% | 2.0% | |
| Westmead 2145 | 5 | 455 | 0% | 1.8% | |
| Blacktown 2148 | 5 | 381 | 0% | 1.5% | |
| Bondi Junction 2022 | 5 | 312 | 0% | 2.5% | |
| Gladesville 2111 | 5 | 115 | 0% | 1.9% | |
| Crows Nest 2065 | 5 | 291 | 0% | 3.1% | |
| Illawong 2234 | 5 | 108 | 0% | 15.2% | |
| Gosford 2250 | 5 | 174 | 0% | 2.9% | |
| Lane Cove North 2066 | 5 | 159 | 0% | 2.6% | |
| Drummoyne 2047 | 5 | 131 | 0% | 1.8% | |
| Jordan Springs 2747 | 5 | 171 | 0% | 14.7% | |
| St Peters 2044 | 5 | 90 | 0% | 11.9% | |
| Leichhardt 2040 | 5 | 84 | 0% | 2.6% | |
| Neutral Bay 2089 | 5 | 84 | 0% | 1.1% | |
| Mosman 2088 | 5 | 54 | 0% | 0.5% | |
| Allawah 2218 | 5 | 47 | 0% | 2.8% | |
| Bellevue Hill 2023 | 5 | 21 | 0% | 1.2% | |
| Caringbah South 2229 | 5 | 25 | 0% | 1.3% | |
| St Leonards 2065 | 4 | 490 | 0% | 4.4% | |
| Merrylands 2160 | 4 | 729 | 0% | 1.0% | |
| Chatswood 2067 | 4 | 624 | 0% | 1.3% | |
| Ryde 2112 | 4 | 897 | 0% | 1.0% | |
| Kirrawee 2232 | 4 | 314 | 0% | 1.3% | |
| Rosehill 2142 | 4 | 283 | 0% | 6.7% | |
| Kingsgrove 2208 | 4 | 164 | 0% | 6.0% | |
| Pennant Hills 2120 | 4 | 181 | 0% | 6.6% | |
| Pymble 2073 | 4 | 317 | 0% | 5.3% | |
| Marrickville 2204 | 4 | 279 | 0% | 1.2% | |
| Dulwich Hill 2203 | 4 | 131 | 0% | 1.9% | |
| Lakemba 2195 | 4 | 176 | 0% | 1.1% | |
| Dee Why 2099 | 4 | 108 | 0% | 0.7% | |
| Carlingford 2118 | 4 | 160 | 0% | 2.5% | |
| Camperdown 2050 | 4 | 157 | 0% | 4.1% | |
| Revesby 2212 | 4 | 101 | 0% | 2.2% | |
| Blakehurst 2221 | 4 | 101 | 0% | 8.0% | |
| Jannali 2226 | 4 | 59 | 0% | 4.6% | |
| Beverly Hills 2209 | 4 | 58 | 0% | 4.3% | |
| Roselands 2196 | 4 | 61 | 0% | 4.4% | |
| Glenmore Park 2745 | 4 | 56 | 0% | 3.8% | |
| Double Bay 2028 | 4 | 33 | 0% | 1.9% | |
| Bulli 2516 | 4 | 41 | 0% | 7.0% | |
| Woonona 2517 | 4 | 35 | 0% | 2.0% | |
| Padstow 2211 | 4 | 24 | 0% | 1.7% | |
| Melrose Park 2114 | 3 | 655 | 0% | 21.4% | |
| Rhodes 2138 | 3 | 493 | 0% | 3.3% | |
| Baulkham Hills 2153 | 3 | 263 | 0% | 1.4% | |
| Greenacre 2190 | 3 | 603 | 0% | 1.8% | |
| Zetland 2017 | 3 | 365 | 0% | 3.4% | |
| Meadowbank 2114 | 3 | 228 | 0% | 3.6% | |
| North Kellyville 2155 | 3 | 270 | 0% | 3.2% | |
| Turramurra 2074 | 3 | 221 | 0% | 3.9% | |
| Killara 2071 | 3 | 199 | 0% | 3.6% | |
| Glebe 2037 | 3 | 288 | 0% | 2.4% | |
| Edmondson Park 2174 | 3 | 162 | 0% | 9.7% | |
| Wentworthville 2145 | 3 | 165 | 0% | 1.0% | |
| Asquith 2077 | 3 | 139 | 0% | 3.9% | |
| Hurlstone Park 2193 | 3 | 117 | 0% | 5.4% | |
| North Strathfield 2137 | 3 | 120 | 0% | 3.6% | |
| Leura 2780 | 3 | 213 | 0% | 13.0% | |
| Beecroft 2119 | 3 | 84 | 0% | 6.8% | |
| Waitara 2077 | 3 | 128 | 0% | 4.2% | |
| Manly 2095 | 3 | 83 | 0% | 0.4% | |
| Earlwood 2206 | 3 | 87 | 0% | 4.1% | |
| Ramsgate 2217 | 3 | 84 | 0% | 13.0% | |
| Sylvania 2224 | 3 | 93 | 0% | 1.5% | |
| Potts Point 2011 | 3 | 61 | 0% | 1.5% | |
| Smeaton Grange 2567 | 3 | 117 | 0% | 3.8% | |
| Lindfield 2070 | 3 | 83 | 0% | 2.9% | |
| Five Dock 2046 | 3 | 66 | 0% | 2.4% | |
| Rushcutters Bay 2011 | 3 | 69 | 0% | 3.5% | |
| Monterey 2217 | 3 | 59 | 0% | 2.6% | |
| Campsie 2194 | 3 | 54 | 0% | 0.6% | |
| Bellambi 2518 | 3 | 46 | 0% | 3.7% | |
| Roseville 2069 | 3 | 73 | 0% | 3.5% | |
| Bronte 2024 | 3 | 41 | 0% | 1.7% | |
| Holroyd 2142 | 3 | 44 | 0% | 18.8% | |
| Bangor 2234 | 3 | 37 | 0% | 11.5% | |
| Rozelle 2039 | 3 | 42 | 0% | 2.3% | |
| Balmain 2041 | 3 | 38 | 0% | 2.4% | |
| Banksmeadow 2019 | 3 | 48 | 0% | 8.6% | |
| Edgecliff 2027 | 3 | 28 | 0% | 3.9% | |
| Narwee 2209 | 3 | 21 | 0% | 3.3% | |
| East Hills 2213 | 3 | 16 | 0% | 9.1% | |
| Vaucluse 2030 | 3 | 14 | 0% | 1.2% | |
| Tullimbar 2527 | 3 | 9 | 0% | 5.9% | |
| St Marys 2760 | 2 | 323 | 0% | 0.6% | |
| Wolli Creek 2205 | 2 | 173 | 0% | 3.0% | |
| Potts Hill 2143 | 2 | 221 | 0% | 100.0% | |
| Ropes Crossing 2760 | 2 | 185 | 0% | 16.7% | |
| Shell Cove 2529 | 2 | 162 | 0% | 5.9% | |
| Petersham 2049 | 2 | 144 | 0% | 1.9% | |
| Campbelltown 2560 | 2 | 181 | 0% | 0.9% | |
| Chippendale 2008 | 2 | 148 | 0% | 2.5% | |
| Pyrmont 2009 | 2 | 83 | 0% | 1.8% | |
| Lewisham 2049 | 2 | 125 | 0% | 4.7% | |
| Bonnyrigg 2177 | 2 | 78 | 0% | 8.3% | |
| Homebush 2140 | 2 | 113 | 0% | 1.7% | |
| North Parramatta 2151 | 2 | 78 | 0% | 0.7% | |
| Homebush West 2140 | 2 | 80 | 0% | 1.4% | |
| St Ives 2075 | 2 | 92 | 0% | 1.6% | |
| Greenwich 2065 | 2 | 66 | 0% | 2.6% | |
| Kingsford 2032 | 2 | 48 | 0% | 0.9% | |
| Banksia 2216 | 2 | 64 | 0% | 33.3% | |
| Punchbowl 2196 | 2 | 54 | 0% | 0.9% | |
| Dolls Point 2219 | 2 | 53 | 0% | 3.9% | |
| South Granville 2142 | 2 | 66 | 0% | 8.0% | |
| Bondi 2026 | 2 | 53 | 0% | 0.7% | |
| Belmont 2280 | 2 | 54 | 0% | 2.5% | |
| Russell Lea 2046 | 2 | 39 | 0% | 3.1% | |
| Darling Point 2027 | 2 | 27 | 0% | 0.8% | |
| Goulburn 2580 | 2 | 29 | 0% | 1.1% | |
| Dundas 2117 | 2 | 42 | 0% | 3.4% | |
| Northmead 2152 | 2 | 35 | 0% | 2.0% | |
| Taren Point 2229 | 2 | 33 | 0% | 3.8% | |
| Mortlake 2137 | 2 | 38 | 0% | 4.9% | |
| Guildford West 2161 | 2 | 44 | 0% | 6.9% | |
| Telopea 2117 | 2 | 37 | 0% | 2.2% | |
| Kurnell 2231 | 2 | 31 | 0% | 11.8% | |
| Condell Park 2200 | 2 | 30 | 0% | 1.1% | |
| Croydon 2132 | 2 | 35 | 0% | 2.6% | |
| Ramsgate Beach 2217 | 2 | 24 | 0% | 2.4% | |
| Kensington 2033 | 2 | 29 | 0% | 0.9% | |
| The Rocks 2000 | 2 | 24 | 0% | 8.0% | |
| Silverwater 2128 | 2 | 29 | 0% | 3.1% | |
| Panania 2213 | 2 | 21 | 0% | 3.2% | |
| Heathcote 2233 | 2 | 17 | 0% | 3.3% | |
| Thirroul 2515 | 2 | 22 | 0% | 1.5% | |
| Cremorne 2090 | 2 | 15 | 0% | 0.4% | |
| Sandringham 2219 | 2 | 22 | 0% | 9.5% | |
| Albion Park Rail 2527 | 2 | 16 | 0% | 1.3% | |
| Figtree 2525 | 2 | 13 | 0% | 0.9% | |
| Mangerton 2500 | 2 | 14 | 0% | 8.0% | |
| East Corrimal 2518 | 2 | 12 | 0% | 1.6% | |
| Gymea Bay 2227 | 2 | 11 | 0% | 2.6% | |
| Ingleburn 2565 | 2 | 16 | 0% | 1.0% | |
| Birchgrove 2041 | 2 | 10 | 0% | 5.7% | |
| Towradgi 2518 | 2 | 12 | 0% | 4.7% | |
| Albion Park 2527 | 2 | 6 | 0% | 1.0% | |
| Warwick Farm 2170 | 1 | 185 | 0% | 1.3% | |
| Erskineville 2043 | 1 | 111 | 0% | 1.3% | |
| Norwest 2153 | 1 | 61 | 0% | 1.5% | |
| Paddington 2021 | 1 | 54 | 0% | 1.0% | |
| Kellyville Ridge 2155 | 1 | 53 | 0% | 5.9% | |
| Beaconsfield 2015 | 1 | 51 | 0% | 5.3% | |
| Point Frederick 2250 | 1 | 45 | 0% | 1.4% | |
| Mount Druitt 2770 | 1 | 44 | 0% | 0.5% | |
| Collaroy 2097 | 1 | 39 | 0% | 0.6% | |
| North Rocks 2151 | 1 | 36 | 0% | 2.9% | |
| Fairy Meadow 2519 | 1 | 34 | 0% | 0.7% | |
| Rydalmere 2116 | 1 | 32 | 0% | 1.8% | |
| Darlinghurst 2010 | 1 | 32 | 0% | 0.3% | |
| Wahroonga 2076 | 1 | 31 | 0% | 0.9% | |
| Woolloomooloo 2011 | 1 | 30 | 0% | 1.3% | |
| Forest Lodge 2037 | 1 | 30 | 0% | 2.6% | |
| Elizabeth Bay 2011 | 1 | 29 | 0% | 0.6% | |
| Marsfield 2122 | 1 | 28 | 0% | 0.8% | |
| Bella Vista 2153 | 1 | 28 | 0% | 1.7% | |
| Bexley North 2207 | 1 | 28 | 0% | 3.8% | |
| Picton 2571 | 1 | 26 | 0% | 3.1% | |
| Wallsend 2287 | 1 | 26 | 0% | 0.2% | |
| Kanahooka 2530 | 1 | 26 | 0% | 3.6% | |
| South Windsor 2756 | 1 | 25 | 0% | 0.7% | |
| Guildford 2161 | 1 | 24 | 0% | 0.5% | |
| Narrabeen 2101 | 1 | 24 | 0% | 0.5% | |
| Pendle Hill 2145 | 1 | 24 | 0% | 1.3% | |
| Matraville 2036 | 1 | 23 | 0% | 0.7% | |
| Terrigal 2260 | 1 | 23 | 0% | 0.2% | |
| Balgowlah 2093 | 1 | 19 | 0% | 0.3% | |
| Edensor Park 2176 | 1 | 19 | 0% | 5.9% | |
| Hammondville 2170 | 1 | 19 | 0% | 5.6% | |
| Loftus 2232 | 1 | 18 | 0% | 2.1% | |
| Enmore 2042 | 1 | 17 | 0% | 3.2% | |
| Wattle Grove 2173 | 1 | 17 | 0% | 14.3% | |
| Kyeemagh 2216 | 1 | 16 | 0% | 14.3% | |
| Cammeray 2062 | 1 | 14 | 0% | 0.3% | |
| Glendenning 2761 | 1 | 13 | 0% | 3.6% | |
| Tempe 2044 | 1 | 13 | 0% | 5.6% | |
| Coniston 2500 | 1 | 12 | 0% | 2.0% | |
| Bass Hill 2197 | 1 | 12 | 0% | 1.8% | |
| Padstow Heights 2211 | 1 | 11 | 0% | 4.2% | |
| Constitution Hill 2145 | 1 | 11 | 0% | 3.8% | |
| Tamarama 2026 | 1 | 11 | 0% | 1.2% | |
| Ermington 2115 | 1 | 10 | 0% | 2.0% | |
| North Bondi 2026 | 1 | 9 | 0% | 0.3% | |
| Warners Bay 2282 | 1 | 9 | 0% | 0.4% | |
| Gregory Hills 2557 | 1 | 9 | 0% | 0.7% | |
| Port Kembla 2505 | 1 | 8 | 0% | 2.0% | |
| Berkeley 2506 | 1 | 8 | 0% | 3.3% | |
| Werrington 2747 | 1 | 8 | 0% | 0.9% | |
| Mittagong 2575 | 1 | 8 | 0% | 1.4% | |
| Newport 2106 | 1 | 8 | 0% | 0.6% | |
| Lilli Pilli 2229 | 1 | 8 | 0% | 9.1% | |
| Waverley 2024 | 1 | 7 | 0% | 1.2% | |
| Annandale 2038 | 1 | 7 | 0% | 1.0% | |
| Seaforth 2092 | 1 | 7 | 0% | 1.5% | |
| Hurstville Grove 2220 | 1 | 7 | 0% | 4.2% | |
| Milperra 2214 | 1 | 7 | 0% | 3.7% | |
| Lake Illawarra 2528 | 1 | 6 | 0% | 0.7% | |
| South Wentworthville 2145 | 1 | 6 | 0% | 1.4% | |
| Moorebank 2170 | 1 | 6 | 0% | 0.9% | |
| Balgownie 2519 | 1 | 5 | 0% | 0.9% | |
| Harris Park 2150 | 1 | 5 | 0% | 0.7% | |
| Mcmahons Point 2060 | 1 | 4 | 0% | 1.2% | |
| Shellharbour City Centre 2529 | 1 | 4 | 0% | 5.3% | |
| Oatlands 2117 | 1 | 4 | 0% | 2.1% | |
| Coledale 2515 | 1 | 4 | 0% | 12.5% | |
| Bardwell Valley 2207 | 1 | 4 | 0% | 3.7% | |
| Yallah 2530 | 1 | 3 | 0% | 33.3% | |
| Clovelly 2031 | 1 | 3 | 0% | 0.7% | |
| Gledswood Hills 2557 | 1 | 2 | 0% | 5.9% | |
| Oran Park 2570 | 1 | 2 | 0% | 0.7% | |
| Unanderra 2526 | 1 | 2 | 0% | 1.5% |
Tribunal & Court History
18
Total Cases
5
NCAT
7
Supreme Court
0.7
Adverse per 100 Schemes
1.5
Total per 100 Schemes
1
Compulsory Manager Appts
18 cases since 2021. Of these, 8 resulted in substantive orders (including 1 compulsory manager appointment). The remaining 10 were dismissed, withdrawn, settled, or involved the OC as applicant.
Orders Made 15
Dismissed 3
Repair & maintenance 5
Common property 3
Building defects 3
By-law enforcement 1
Compulsory appointment 1
The applicant, a lot owner, sought the appointment of a compulsory strata manager. The tribunal decided to appoint a manager for 12 months, giving them broad powers. The decision was made because of the OC's chronic failure to maintain and repair common property, especially the ceilings and flooring.
Compulsory manager appointed: Network Strata Services Pty Ltd t/as Netstrata for 12 months
REAL PROPERTY – STRATA MANAGEMENT – owners corporation’s strict duty to maintain and repair common property and compensate for damage to lot property -– compulsory strata manager – lot owners’ consent to common property rights by-law - Strata Schemes Management Act 2015 (NSW) ss 106, 149, 232, 237
Before
G K Burton SC, Senior Member
Hearing
3 and 4 September 2025
File Numbers
2024/00306673, 2024/00337871
Matched Strata Plans
SP15404
Parties
Lot Owner v Owners Corporation
Representation
Counsel: Ms A Minassian, solicitor (lot owners) Mr J Bannerman, solicitor (owners corporation) Solicitors: Vinc Legal (lot owners) Bannermans Lawyers (owners corporation)
Orders
(1) In 2024/00306673 order that Network Strata Services Pty Ltd t/as Netstrata is appointed strata manager of The Owners – Strata Plan No 15404 for a period of 12 months commencing on date of these orders, with all the powers of the said owners corporation and its office-bearers and strata committee to the exclusion of exercise of those powers by others, and with its responsibilities to include assessing the existing expert reports (that are in the records of the owners corporation since...
Lot owners sought orders for the owners corporation to rectify timber decking on balconies. The tribunal determined the owners corporation must engage a licensed builder to perform specified repair works on the decking. Each party was ordered to bear its own costs.
LAND LAW – strata title – Strata Schemes Management Act 2015 (NSW) – whether timber decking is lot property or common property – duty of owners corporation to repair or replace – s 106 Strata Schemes Management Act 2015 (NSW) – whether duty breached – appropriate remedial orders
Before
G Sarginson, Deputy President
Hearing
10 November 2023; 4 and 26 June 2024; submissions, transcript and Court Book to 13 November 2024
File Numbers
2023/00401663 and 2023/00406758
Matched Strata Plans
SP92562
Parties
Lot Owner v Owners Corporation
Representation
Counsel: Case Number 2023/00401663 J Jaffray (Applicant) M Rennie (Respondent) Solicitors: Swaab Lawyers (Applicant) WMD Lawyers (Respondent) Case Number 2023/00401663 Counsel: M Rennie...
Orders
(1) By 3 months from the date of this order The Owners-Strata Plan No 92562 is to engage a suitably licensed builder or builders and/or tradespersons to perform the works set out in Schedule A of this decision. (2) All works are to be performed by suitably licensed persons exercising due care and skill and in accordance with any applicable legislation, including (to the extent applicable) the Home Building Act 1989 (NSW) and Design and Building Practitioners Act 2020 (NSW). (3) The lot...
The owners corporation sought compensation for building defects. The tribunal ruled in favor of the owners corporation, awarding damages and ordering the defendants to pay pre-judgment interest and costs. The defendants did not successfully argue for a deduction regarding insurance.
JUDGMENTS AND ORDERS – final quantification of costs for rectification works – final orders for damages, interest and costs – no issue of principle
Before
Abadee DCJ
Hearing
On the papers
File Numbers
2023/00363237
Matched Strata Plans
SP94800
Parties
Owners Corporation v Developer
Representation
Counsel: M Gunning (Plaintiff) Solicitors: Madison Marcus (Plaintiff) First Defendant (P Rao, Director of the First Defendant, in person) Second Defendant (W Zhang, Director of the Second...
Orders
See paragraph [42].
Casumo Constructions, a builder, was sued by an Owners Corporation for defective cladding. 3A Composites, a supplier of the cladding, sought to have Casumo's cross-claim against it dismissed. The Court rejected 3A Composites' arguments and dismissed their application, ordering them to pay costs.
CIVIL PROCEDURE — Commencement of proceedings — Summons — Setting aside — Whether a high degree of certainty claim would fail at trial — Whether claim so obviously untenable it cannot possibly succeed — Whether respondent was a consumer pursuant to ACL — Whether construction materials were...
Before
Peden J
Hearing
23 May 2025
File Numbers
2020/00193508
Matched Strata Plans
SP88695
Parties
Third Party v Developer
Representation
Counsel: A Smith (Applicant) B Le Plastrier and W Marshall (Respondent) Solicitors: Webb Henderson (Applicant) Salim Rutherford Lawyers (Respondent)
Orders
At [29]
The Owners Corporation sued the developer and builder alleging breach of statutory warranties. The developer and builder sought to amend their list responses to add an alternative limitation defense. The tribunal allowed the amendment, finding that the proposed amendment was not futile.
PRACTICE AND PROCEDURE – Proposed amendment to defendants’ Technology and Construction List Responses to introduce alternative limitation defences under s 18E of Home Building Act 1989 (NSW) in addition to existing limitation defences relying on that section – Where plaintiff opposed leave to...
Before
Williams J
Hearing
28 April 2025
File Numbers
2019/198332
Matched Strata Plans
SP87060
Parties
Owners Corporation v Developer
Representation
Counsel: Mr F Hicks SC with Mr D Byrne (Plaintiff) Mr I G Roberts SC with Mr T Maltz (Defendants) Solicitors: JS Mueller & Co (Plaintiff) Centurion Lawyers (Defendants)
Orders
Leave to amend granted.
An Owners Corporation sued a developer for building defects. The court found major defects. The court ordered the defendants to prepare a design to address those issues and submit further information to the court for a final determination of costs.
BUILDING AND CONSTRUCTION – building works on a large residential apartment building – Owners of strata plan, as successors in title, rely upon entitlements to sue on statutory warranties against the builder and developer – Home Building Act 1989 (NSW), ss 18B, 18C, 18D – determination of...
Before
Abadee DCJ
Hearing
25 February 2025, 14–16 April 2025
File Numbers
2023/00363237
Matched Strata Plans
SP94800
Parties
Owners Corporation v Developer
Representation
Counsel: M Gunning (Plaintiff) Solicitors: Madison Marcus (Plaintiff) First Defendant (P Rao, Director of the First Defendant, in person) Second Defendant (W Zhang, Director of the Second...
Orders
See paragraph [178].
The owners corporation applied to vary a costs order from a previous appeal decision, seeking to have the other party pay their costs. The tribunal dismissed the application. The tribunal determined that there were no special circumstances to warrant the cost order.
COSTS – application for costs by respondent – principles – application dismissed
Before
G Blake AM SC, Principal Member A Boxall, Senior Member
Hearing
On the papers
File Numbers
2024/00193530
Matched Strata Plans
SP10441
Parties
Owners Corporation v Lot Owner
Representation
Counsel: Appellant (Self-represented) N Simone (Respondent) Solicitors: McCabes Lawyers (Respondent)
Orders
(1) A hearing of the costs application of the respondent is dispensed with. (2) The costs application of the respondent is dismissed.
The strata managing agent, Chris Darby Strata, was charged with failing to comply with its work health and safety duties. The tribunal found the managing agent guilty, relating to the death of a worker due to a faulty gate. Chris Darby Strata was ordered to pay a fine and the prosecutor's costs.
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate...
Before
Russell SC DCJ
Hearing
7 August 2024
File Numbers
2022/168593
Matched Strata Plans
SP93899
Parties
Government v Managing Agent
Representation
Counsel: M Moir (Prosecutor) B Hodgkinson SC/M Wallis (Defendant) Solicitors: Department of Customer Service (Prosecutor) HWL Ebsworth Lawyers (Defendant)
Orders
(1) Chris Darby Strata Pty Ltd was convicted on 7 August 2024. (2) The appropriate fine is $200,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Chris Darby Strata Pty Ltd to pay a fine of $150,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order Chris Darby Strata Pty Ltd to pay the prosecutor’s costs.
Ms. Nimmons appealed a decision regarding the failure of the owners corporation to repair common property. The tribunal found the original decision contained an error of law regarding a quarantine order and ordered the owners corporation to levy all lot owners other than Ms. Nimmons for the costs of repairs. The tribunal refused leave to appeal regarding other claims.
APPEALS - Constructive failure to exercise jurisdiction - Appeal allowed APPEALS - Leave to appeal - Principles governing - Leave to appeal refused LAND LAW - Strata title – Whether a quarantine order should be made - Quarantine order made
Before
G Blake AM SC, Senior Member A Boxall, Senior Member
Hearing
5 August 2024
File Numbers
2024/00193530
Matched Strata Plans
SP10441
Parties
Lot Owner v Owners Corporation
Representation
Counsel: Appellant (self-represented) N Simone (Respondent) Solicitors: McCabes Lawyers (Respondent)
Orders
(1) The appeal is allowed with respect to order 4 made on 26 April 2024. (2) Order 4 made on 26 April 2024 is set aside and the following order is substituted: “The respondent is to levy all lot owners, other than the applicant, in respect of the costs of complying with orders 1 and 2, such levy is to be in proportion to the unit entitlements of each lot owner other than the applicant.” (3) The appeal is otherwise dismissed. (4) Leave to appeal is refused. (5) There is no order as to the...
The Owners – Strata Plan No 93899, the owners corporation, was charged with a work health and safety offense. The tribunal found them guilty and imposed a fine of $225,000 as well as ordering the payment of $40,000 for the prosecutor's costs because of the death of a man caused by a faulty gate.
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate...
Before
Russell SC DCJ
Hearing
5 July 2024
File Numbers
2022/168641
Matched Strata Plans
SP93899
Parties
Government v Owners Corporation
Representation
Counsel: M Moir (Prosecutor) N Read (Defendant) Solicitors: Department of Customer Service (Prosecutor) CVC Law (Defendant)
Orders
(1) The Owners – Strata Plan No 93899 was convicted on 5 July 2024. (2) The appropriate fine is $300,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order The Owners – Strata Plan No 93899 to pay a fine of $225,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order The Owners – Strata Plan No 93899 to pay the prosecutor’s costs agreed in the amount of $40,000.
Fuse Architecture sought development consent, but the Owners of the common property wanted to be a party to the proceedings because they were concerned about the impacts of the proposed development. The tribunal decided to allow the Owners to join the proceedings because their property rights could be affected.
PRACTICE AND PROCEDURE – application for joinder – statutory tests – rights of carriageway – easements – intensification of use – joinder ordered
Before
Deputy Registrar Orr
Hearing
28 May 2024
File Numbers
2023/451344
Matched Strata Plans
SP89161
Parties
Third Party v Owners Corporation
Representation
Counsel: Ms M Lewis (solicitor) (Applicant) Ms S Wilson (solicitor) (Respondent) Mr R White (Applicant on the Motion) Solicitors: Bartier Perry (Applicant) HWL Ebsworth Lawyers (Respondent) Grace...
Orders
The Court orders: (1) The Notice of Motion filed by The Owners – Strata Plan No 89161 on 10 May 2024, is granted. (2) The Owners – Strata Plan No 89161 is joined as the second respondent to the proceedings pursuant to s 8.15(2)(a) and (b) of the Environmental Planning and Assessment Act 1979. (3) The Owners – Strata Plan No 89161 is directed to file and serve its Statement of Facts and Contentions, by 4 June 2024. (4) The s 34 conciliation conference on 7 June 2024 is confirmed.
The Owners Corporation sought orders regarding an encroachment on common property involving a walkway and stairs. The court found that the Encroachment of Buildings Act 1922 (NSW) does apply in this instance. The court ordered that the parties bring in short minutes of order and set a date for further directions.
CIVIL PROCEDURE — Separate determination of questions — Whether the Encroachment of Buildings Act 1922 (NSW) applies to the encroachment onto public road — Where adjacent owner is the relevant road authority
Before
Ball J
Hearing
13 July 2023
File Numbers
2019/232774
Matched Strata Plans
SP91016
Parties
Owners Corporation v Government
Representation
Counsel: MR Pesman SC with P Bambagiotti (Plaintiff) IG Roberts SC with M Harker (Third Defendant) Solicitors: Grace Lawyers (Plaintiff) Sparke Helmore Lawyers (Third Defendant)
Orders
See [46] to [48]
Maluko Pty Ltd, a building and concreting business, was found guilty of failing to comply with its safety duty under the WHS Act, leading to a worker's death. The court decided that the applicable maximum penalty was $1,731,500 but reduced the fine by 25% due to the guilty plea. The court ordered Maluko to pay a fine of $375,000 and the prosecutor's costs.
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate...
Before
Russell SC DCJ
Hearing
18 July 2023
File Numbers
2022/168641
Matched Strata Plans
SP93899
Parties
Government v Third Party
Representation
Counsel: M Moir (Prosecutor) R Pontello SC with M Barnes (Defendant) Solicitors: Department of Customer Service (Prosecutor) McAneny Lawyers (Defendant)
Orders
(1) Maluko Pty Ltd is convicted. (2) The appropriate fine is $500,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Maluko Pty Ltd to pay a fine of $375,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order Maluko Pty Ltd to pay the prosecutor’s costs agreed in the amount of $44,000. (6) Exhibits to be returned.
The Owners Corporation sued the Council and the Builder over building defects and encroachment on common property. The court ordered a separate determination of whether the Council was an adjacent owner, as well as the Owners Corporation's motion to amend its claim was dismissed. The court found that this was appropriate because it was a purely a question of statutory construction.
CIVIL PROCEDURE – application for separate question – application to amend summons and list statement
Before
Stevenson J
Hearing
15 June 2023
File Numbers
2019/232774
Matched Strata Plans
SP91016
Parties
Owners Corporation v Government
Representation
Counsel: P J Bambagiotti (Plaintiff/Respondent) G P McNally SC (on 30 May 2023) (First and Second Defendants) I G Roberts SC (on 15 June 2023) with M Harker (Third Defendant/Applicant) Solicitors:...
Orders
Separate question ordered; leave to amend Summons and List Statement refused
The applicant sought an order for the sale of co-owned property and the appointment of trustees. The tribunal granted the order, appointing solicitors as trustees to oversee the sale. The proceeds were to be disbursed according to a specific priority.
REAL PROPERTY — co-ownership — statutory trust for sale — appointment of trustees — no issue of principle
Before
Hammerschlag CJ in Eq
Hearing
31 March 2023
File Numbers
2022/00327523
Matched Strata Plans
SP90840
Parties
Third Party v Third Party
Representation
Counsel: D Oliveri (Solicitor) (Plaintiff) D Leamey (Solicitor) (Defendant) Solicitors: Oliveri Attorneys (Plaintiff) David Leamey Solicitor & Barrister (Defendant)
Orders
Trustees for sale appointed pursuant to s 66G of the Conveyancing Act 1919 (NSW). See [6]
The Owners Corporation sued a developer for building defects. The developer sought to dismiss the case based on a settlement agreement; the tribunal decided the agreement did not incorporate the terms of the draft Deed of Settlement and rejected the developer's motion. As a result, the tribunal ordered the developer to pay the Owners Corporation's costs.
SUMMARY DISMISSAL – principles at [4]-[5] – building defects claim – earlier proceedings settled – whether settlement agreement included a release barring these proceedings – release in draft deed circulated without instructions to ‘open discussions’ – draft deed fell by the wayside in...
Before
Rees J
Hearing
2 February 2023
File Numbers
2022/282056
Matched Strata Plans
SP92183
Parties
Owners Corporation v Developer
Representation
Counsel: Mr P Horobin (Plaintiff/Respondent) Mr T Lynch SC (Second Defendant/Applicant) Solicitors: Chambers Russell Lawyers (Plaintiff/Respondent) G & S Law Group (Second Defendant/Applicant)
Orders
Dismiss application for summary dismissal with indemnity costs
An owner sought orders to have another owner return common property to its prior state after installing a bookcase, invalidate a resolution approving the bookcase, and remove the other owner from the strata committee. The tribunal dismissed the application, finding the applicant lacked standing for the first order, the resolution was valid, and there was no reason to remove the committee member.
LAND LAW — Strata title — Alteration of common property — Minor renovations — Removal of committee member
Before
K Ross, Senior Member
Hearing
24 February 2022
File Numbers
SC 21/25032
Matched Strata Plans
SP6622
Parties
Lot Owner v Owners Corporation
Representation
Counsel: A D Justice Solicitors: Jackson Solicitors (First Respondent) Trisley Lawyers (Second Respondent)
Orders
The application is dismissed.
The Owners Corporation sought to amend its claim against the developer regarding building defects, relying on a breach of statutory duty. The tribunal decided to deny the amendment in its current form, due to insufficient specificity in the pleaded claim but granted the corporation a further opportunity to amend the list statement.
BUILDING AND CONSTRUCTION – Design and Building Practitioners Act 2020 (NSW) – statutory duty under s 37 – application to amend Technology and Construction List Statement – whether sufficient merely to identify the alleged defects – whether necessary to plead the risks the builder was required...
Before
Stevenson J
Hearing
29 October 2021
File Numbers
2019/198332
Matched Strata Plans
SP87060
Parties
Owners Corporation v Developer
Representation
Counsel: D S Weinberger (Plaintiff/Applicant) T Maltz (Defendants/Respondents) Solicitors: JS Mueller & Co (Plaintiff/Applicant) Centurion Lawyers Pty Ltd (Defendants/Respondents)
Orders
Leave to amend Technology and Construction List Statement is refused