For the reasons provided above I make the following orders:
[2]
The Tribunal orders that the respondent must pay to the applicants the sums of $2,200.00 for costs plus $525.60 reimbursement of fees paid by the applicants, a total of $2,725.60.
[3]
The respondent shall refrain from using any part of the common property for the purpose of growing vegetables.
The parties shall comply with Rules 3.1(1) and 3.1(2) of the Model Rules.
The parties shall comply with Rule 3.2 of the Model Rules.
That pursuant to s 165(1) of the Owners Corporations Act 2006, Australian Body Corporate Management shall be appointed as manager to Owners Corporation PS644772B.
[4]
The proceeding is dismissed for the reasons given orally at the hearing.
Parties
Applicant/Plaintiff:
Liu
Respondent/Defendant:
Lam
Legislation Cited (5)
Owners Corporation Act 2006
S.165(1) Owners Corporation Act 2006
S.130 Owners Corporation Act 2006
S.109 VCAT Act 1998
Corporations Act 2006
Cases Cited (1)
Liu v Lam (Owners Corporations) [2015] VCAT 1940 (30 November 2015)