1A EASTBOURNE ROAD DARLING POINT

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

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

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circumstances warranting an order of costs – Civil and Administrative Act 2013 section 73 - contempt application withdrawn - unconditional withdrawal and dismissal of any application without a determination on the merits – both parties acted reasonably – Tribunal not satisfied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