If I Sell My Lot, Can I Still Commence Proceedings? The Appeal Panel Says “No.”
Posted 16 March 2026
Category: Strata, NCAT and Court Proceedings
Recently, the Appeal Panel (“Appeal Panel“) of the New South Wales Civil & Administrative Tribunal (the “Tribunal“) dismissed an appeal submitted by a former lot owners against their owners corporation seeking compensation claim under section 232 of the Strata Schemes Management Act 2015 (NSW) (“SSMA“). The Tribunal held that it did not have the jurisdiction to hear this former lot owner’s claim because they had sold their lot prior to filing their application. The Appeal Panel agreed and upheld this decision. Importantly, the timeline consisted of the following:
The Tribunal dismissed the lot owner’s application because the lot owner was not an “interested person” within the meaning of section 232 of the SSMA as the lot owner had sold their lot approximately five (5) months before they had filed. The lot owner appealed this decision on two (2) primary grounds, both of which were refused by the Appeal Panel:
Key Takeaways
Primarily, Griffinchuk confirms that lot owners must own their lot at the time they commence proceedings in order to have any legal standing in the Tribunal, even if the issue complained of occurred during the time they were an owner. The timeline of key events can be critical to establishing legal standing in Tribunal proceedings.
If you are a lot owner and you are unsure whether you have standing in legal proceedings, feel free to reach to out to enquiries@bannermans.com.au or on 02 9929 0226.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
