Clews v The Owners - Units Plan No 3069 (Unit Titles)

The dispute arose between Clews, a unit owner, and The Owners - Units Plan No 3069, concerning the application of a by-law regarding pets within the unit complex. The matter was heard and determined by the Civil and Administrative Tribunal (CAT) of New South Wales. Clews, a unit owner, applied to the Tribunal for an order allowing her to keep her dog, a breed restricted under the unit title by-laws. The Owners opposed the application, arguing that the by-law was validly enacted and should be enforced to maintain the character and value of the complex.

The primary legal issues for the Tribunal to resolve were whether the by-law restricting certain dog breeds was validly enacted and whether it was reasonable to enforce the by-law in this instance. The Tribunal examined the process by which the by-law was enacted, the applicability of the by-law to Clews's unit, and the reasonableness of enforcing the by-law in light of Clews's circumstances. The Tribunal also considered whether the by-law disproportionately impacted Clews and whether there were any exceptional circumstances that warranted an exemption.

The Tribunal found that the by-law was validly enacted through the appropriate procedures outlined in the Unit Titles Act 1998. It was determined that the by-law was reasonable and necessary to maintain the character and value of the unit complex. The Tribunal also concluded that enforcing the by-law in this instance was not disproportionate and that there were no exceptional circumstances that warranted an exemption for Clews. Therefore, the application was dismissed, and the by-law remained in effect.