741 Hunter Street

STRATA TITLE – appeal from order of Tribunal awarding damages to a lot owner for breach of the statutory duty in s 106(1) of the Strata Schemes Management Act 2015 – duty to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation STATUTORY INTERPRETATION – meaning of 2 year limitation period in s 106(5) of the Strata Schemes Management Act 2015

STRATA TITLES – obligation of owners corporation to maintain common property in good repair – owners corporation breached obligation, causing damage to lot owner – NCAT authorised to make orders to “settle” a complaint or dispute about strata scheme – whether NCAT authorised to award damages to lot owner – consideration of nature of lot owner’s cause of action – consideration of conferral of jurisdiction and power upon NCAT – consideration of legislative history – consideration of interaction of jurisdiction of courts and NCAT – appeal allowed, NCAT authorised to award damages. TORT – breach of statutory duty – statute authorised lot owner to recover damages for breach of statutory duty – consideration of nature of lot owner’s cause of action.

STRATA TITLE – appeal from order of Tribunal awarding damages for breach of statutory duty – whether s 232 of the Strata Schemes Management Act 2015 confers order making power on the Tribunal to order damages under s 106(5) STATUTORY INTERPRETATION – meaning of phrase “make an order to settle a complaint or dispute about any of the following” in s 232 of the Strata Schemes Management Act 2015

Appeal and cross appeal from proceedings referred by adjudicator under section 164 Strata Schemes Management Act 1996 (NSW) (now repealed) to NCAT – Costs application before the Tribunal – whether jurisdiction and/or power to make a costs order in referral proceedings.

COSTS – costs on appeal – whether costs should be ordered in favour of successful party – whether public interest litigation – significance of any change in the law COSTS – costs at first instance – whether first instance costs order should be reversed following a successful appeal

COSTS – rr 38 and 38A Civil and Administrative Tribunal Rules 2014 – discretion – party unsuccessful on application for leave to appeal – usual order – successful party entitled to costs

APPEALS – Leave to appeal an interlocutory decision – application for summary dismissal – principles applicable – issue raised on appeal not raised in proceedings at first instance – relevance of prospect if appeal to superior court in exercise of discretion to grant leave. SUPREME COURT – Referral of questions of law – refusal to refer.