Watson & Watson acted for the Owners Corporation with a focused response to a Lot Owner’s Claim achieving an Outcome in a Short Period of Time

13/03/2026

Watson & Watson Lawyers have acted in many disputes in relation to Strata Schemes from 2 Lots and over 100 Lots Strata Schemes including Residential Strata Schemes and Commercial Strata Schemes, where there are separate Strata Schemes within one complex for example, when there is a Commercial Strata and a Residential Strata in the Building Complex.

Recently, Watson & Watson were instructed by the Owners Corporation of a 4 Lot residential strata building.  When we received instructions from the Owners Corporation there was a dispute, essentially between the Owners of two separate Lots.  The Owners of one Lot brought action against the Owners Corporation.  We received instructions on behalf of the Owners Corporation, and promptly took appropriate steps, to which we briefly refer to below.  The dispute was resolved when the Lot Owner withdrew the action against the Owners Corporation.

Brief Facts

1. The Strata Scheme consisted of 4 residential Units (Lots), two on the ground floor and two above on the first floor.
2. The Lot Owner purchased an upstairs Unit (Lot).
3. Shortly thereafter following discussion with the Strata Manager, the upstairs Lot Owner submitted an Application for minor renovations to remove carpet floors and install hardwood floors in the Unit.
4. The Owners Corporation engaged an Acoustic Engineer and obtained a Report on sound transmissions of the upstairs’ Lot Owner’s proposed flooring.  The Application for minor renovations was refused by the Owners Corporation based on the Report of the Acoustic Engineer. 
5. The upstairs’ Lot Owner proceeded to remove the carpet for the purpose of installing hardwood flooring, despite the Owners Corporation refusal of the Application to remove the carpet and install hardwood flooring.
6. The removal of the carpet in the upstairs Unit caused noise transmission to the Unit below and the Owner of the downstairs’ Unit pointed out the noise from the upstairs’ Unit, disturbed their peaceful enjoyment of their Lot. 
7. The Owners Corporation issued a Notice to Comply with the by-law and the Owner of the upstairs Lot did not comply, and the inappropriate noise transmission continued. 
8. The upstairs’ Lot Owner made 2 Applications to the New South Wales Civil and Administrative Tribunal (NCAT) namely:
   1. Firstly seeking an Interim Order which was refused; and
   2. Secondly that the Owners Corporation comply with Section 106 of the Strata Schemes Management Act (which relates to the Owners Corporation’s obligations to maintain and repair common property) and the Owners Corporation failed to properly investigate and repair what the upstairs’ Lot Owner maintained, was unsafe and compromised timber subfloors.
9. As suggested by us, the Owners Corporation sought access to the upstairs Unit which access was eventually granted. 
10. On behalf of the Owners Corporation, we engaged a qualified Structural Engineer to inspect the flooring which the upstairs’ Lot Owner claimed to be unsafe.
11. Following the inspection of the upstairs’ Unit, the Structural Engineer prepared a Report disputing the Lot Owner’s claims relating to the status of the flooring.
12. We considered the matter and advised the Owners Corporation, who made an Application to the New South Wales Civil and Administrative Tribunal, seeking Orders that the upstairs’ Lot Owner comply with the by-law relating to floor covering and noise.  This Application was made by way of an Urgent Application. 
13. At the first Directions of the NCAT proceedings on behalf of the Owners Corporation, we made an Application and NCAT made Directions that:
    1. The Owners Corporation file and serve within 2 weeks, an Application and documents in support of the Owners Corporation’s claim together with any written submissions on behalf of the Owners Corporation;
    2. The upstairs’ Lot Owner file and serve any documents opposing the Application within a further 2 weeks; and
    3. The Owners Corporation’s Miscellaneous Application be listed for hearing at the first available date.
14. Within a month of obtaining instructions, we had reviewed the factual and legal circumstances, made an Application to NCAT and had our client’s case listed for hearing.

In our experience, the usual practice where an Owners Corporation or any party who is met with a claim, would seek formal directions to progress the matter, which would include:

1. That the Claimant/Lot Owner file all their evidence including expert evidence by a certain date;
2. That the Owners Corporation file and serve their evidence in response to the Lot Owner’s claim and evidence; and
3. There would be other Direction(s) at some stage and a date for hearing would be allocated. There would be a delay of the Hearing of the matter for some time.

The Owners Corporation expeditiously obtained the final resolution in a very short period of time, as we looked at the position and instead of asking NCAT to make the “usual” Orders and Directions, the Owners Corporation made an Application so as to bring the matter to an urgent Hearing by which the Owners Corporation obtained an early resolution.

In our view, the appropriate outcome was achieved in a short period of time which resolved the issues on behalf of the Owners Corporation.

We often see and are requested to act for one party or another and we consider the matter and provide considered advice based on the particular matters, to enable the client to make an informed decision, as to the appropriate course to adopt.  We consider our clients preferred options.

At Watson & Watson our experienced Strata Lawyers can assist Owners Corporations, Strata Managers and Lot Owners to understand the law and attempt to resolve disputes in all matters pertaining to Strata Schemes whether they are residential or commercial.  Watson & Watson will act in your best interests to achieve the best outcome in the circumstances of the dispute. Obtaining timely advice is crucial.  Please contact Richard Watson, Law Society Accredited Specialist in Commercial Litigation in the stream of Building and Construction or by contacting his Personal Assistant Shereen Da Gloria to discuss your important matter sooner rather than later.

The above in our view, is not based on your particular factual matters and it is critical that one considers the factual matters and the law that applies to your circumstances. The above is not to be taken as legal advice to be relied upon, without first contacting Richard Watson as referred to above.

This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Lawyers on 9221 6011.