1A Eastbourne Road

LAND LAW – strata title – common property – duty to repair – breach of duty – damages for breach of duty – causation – determination of cause of loss – action of lot owner altering or repairing common property – ss 106(5) and 232 Strata Schemes Management Act 2015 (NSW)

LAND LAW – strata title – duties of owners corporation – duty to maintain and repair common property – claims for rectification works and damages by lot owner under Strata Schemes Management Act 2015 (NSW), s 106(5) and 232(1) following breach of duty – reasonably foreseeable losses suffered as a result of a contravention of s 106 – lot owner’s raising of justifiable objections to owners corporation’s proposed repair works not amounting to explicit refusal of access did not mean that losses sustained by the lot owner were not suffered as a result of the owners corporation’s contravention of s 106 – lot owner’s actions in proceeding with works affecting common property without the approval of the owners corporation did have the consequence that subsequent losses were not suffered as a result of the owner corporation’s contravention of s 106

LAND LAW – strata title – duties of owners corporation – duty to maintain and repair common property – claims for rectification works and damages by lot owner under Strata Schemes Management Act 2015 (NSW), s 106(5) and 232(1) following breach of duty – whether entitlement of owners corporation to apply for orders to inspect and perform works on lot owner’s property an answer to resistance by lot owner to accessing her property – whether open to owners corporation to rely on unreasonable conduct by lot owner in failing to mitigate her loss in partial defence to claim for damages – consideration of nature of duty owed by owners corporation and statutory right to damages under s 106

COSTS – Appeal from costs decision – s 60 Civil and Administrative Tribunal Act 2013 (NSW) - r 38(2)(b) Civil and Administrative Tribunal Rules 2014 (NSW) – parties successful on different issues – proportionate costs order – exercise of discretion

CIVIL PROCEDURE – Civil and Administrative Tribunal Act s 41 – extension of time for compliance with orders – applicable principles

CONTEMPT - special circumstances warranting an order of costs – Civil and Administrative Act 2013 section 73 - contempt application withdrawn - unconditional withdrawal and dismissal of any application without a determination on the merits – both parties acted reasonably – Tribunal not satisfied that special circumstances have been established - discretion to award costs not enlivened.