The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 (5 December 2014)

ADMINISTRATIVE LAW – judicial review – error of law – whether District Court erred as to scope of statutory obligations of owners’ corporation to maintain and repair common property – appeal from decision of Consumer, Trader and Tenancy Tribunal dismissed – no appeal from order of District Court – substantive issue between the parties no longer exists – respondents seeking to maintain favourable costs order in court below – public interest in addressing erroneous construction of powers and obligations of an owners’ corporation -whether relief should be declined on discretionary basis

STRATA TITLES – owners’ corporation – powers and duties – maintenance and repair of common property – lot owner altered common property without authorisation – whether owners’ corporation’s obligation to “maintain” common property to be read down by reference to duty to “keep in good and serviceable repair” – whether obligation to maintain common property extends to removing unauthorised alteration – entitlement to order for access against occupier – Strata Schemes Management Act 1996 (NSW), ss 62, 65, 145