Lim v The Owners - Strata Plan No 51159
[2025] NSWCATAP 14
At a glance
Source factsCourt
NCAT Appeal Panel
Decision date
2024-06-06
Source
Original judgment source is linked above.
Judgment (11 paragraphs)
REASONS FOR DECISION
- The appellants, Alim Lim and Jonathan Lim, are owners of a lot in a strata plan in Epping comprising some 85 lots which are residential apartments. It seems that shortly after the lot was purchased some 30 years ago the Lims installed a security/screen door (the screen door) at the entrance. The screen door was attached to the common property door frame outside the lot. The respondent states that during an annual fire safety inspection in 2023 the screen door was found to be non-compliant by the contracted fire safety certifier. The respondent then removed the screen door in order to obtain an annual fire safety statement from the certifier.
- Alan and Jonathan Lim subsequently made an application to the Tribunal questioning the legality of the removal of the screen door by the respondent and seeking to have the screen door reinstalled.
- On 24 February 2024 the Tribunal made the following orders: 1. The application for costs by the applicant, Alim Lim, Jonathan Lim, is refused. 2. The respondent agreed to provide a short Expert Report to the applicant (limit 2 pages) to inform the parties whether the applicant's screen door may be deemed compliant if it was hung on the left hand side of the main door frame on or before 18 March 2024. 3. In the alternative, the Expert is to inform the parties, if the screen door is removed, whether the main fire door frame may then be deemed compliant.
- The order also stated that oral reasons for the decision were given.
- Alan and Jonathan Lim appeal from that decision and seek orders allowing the appeal and requiring the respondent to reinstall the screen door. They also seek costs. At the hearing of the appeal Alim Lim (referred to below as Mr Lim) appeared for the appellants and Hugh McCormack, McCormacks Strata Management, appeared for the respondent.