Strata and community schemes case study

Where a party considers that a matter needs to be dealt with urgently and prior to their substantive application being decided, they can apply for an interim order.

A lot owner made an application to an Adjudicator for an interim order to have the owners corporation carry out urgent repairs to their unit and balcony.  The owner alleged cracks had appeared in the walls and that water was entering the unit.

For an interim order to be granted, the Adjudicator must be satisfied that there is a real and present danger to persons or property, or where the Adjudicator considers that if they do not make an interim order, the applicant will be disadvantaged in such a way that cannot be remedied by further orders.

The Adjudicator considered the evidence provided by the lot owner and decided that there was not sufficient evidence of there being a real and present damage to persons or property to justify making an Interim Order in the absence of hearing from the owners corporation or other affected parties.

The Adjudicator stated the issues would be considered in the substantive application after all the parties had time to make written submissions.  The applicant was also advised that if they had not already done so, they should seek mediation on the issues prior to proceedings with their substantive application.