The Owners - Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411

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