McGregor v The Owners - Strata Plan No 74896

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

McGregor v The Owners – Strata Plan No 74896 [2021] NSWCATCD 1

Hearing dates:

3 February 2021

Date of orders:

1 March 2021

Decision date:

01 March 2021

Jurisdiction:

Consumer and Commercial Division

Before:

R C Titterton OAM, Senior Member

Decision:

The application is dismissed.

Catchwords:

LANDLORD -STRATA TITLE -STRATA SCHEMES MANAGEMENT ACT 2015, ss150, 157

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Strata Schemes Management Act 2015 (NSW)

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021

Strata Schemes Management Regulation 2016 (NSW)

Cases Cited:

Cooper v Strata Plan No 58060 [2020] NSWCA 250

R v The War Pensions Entitlement Appeals Tribunal; Ex parte Bott (1933) 50 CLR 228.

Texts Cited:

Judicial Review of Administrative Action (5th Ed)

Category:

Principal judgment

Parties:

Applicants: Scott McGregor and Bernadette Eichner
Respondent: The Owners – Strata Plan No 74896

Representation:

Applicants: Self-represented
Respondent: D Armenrtas, Solicitor

File Number(s):

SC 20/21649

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. The applicants, Mr Scott McGregor and his partner Ms Bernadette Eichner (the Applicants) seek an order allowing them to keep their pet dog “Jimmy” on their lot. They say that Jimmy, who is a 12 year old miniature fox terrier, is a very quiet and well-trained dog. He weighs 4kgs, and has no history of noisy, aggressive or anti-social behaviour. The Applicants’ property is in the Altro building which forms part of the City Quarter Complex in Camperdown. The Applicants say that they have observed other dogs living in the City Quarter Complex. They also say that the Altro by-laws are not consistent with the Model By-Laws set out in the Strata Schemes Management Regulation 2016 (SSM Regulation) or with community standards.

2. Accordingly, the Applicants seek an order pursuant to s 157 of the Strata Schemes Management Act2015 (NSW) (SSMA) allowing them to keep Jimmy on their lot.

3. The application is opposed by the respondent, the Owners – SP 74896 (the Owners) for a number of reasons. They say, in effect, that the application is misconceived, and deny that other dogs live in the City Quarter Complex. The Owners also say that since the registration of the strata scheme and Community Association DP 270241 (of which the strata scheme SP 74896 forms part), dogs have not been permitted to be kept in apartments within the City Quarter Complex.

4. For the following reasons, the application is dismissed.

Evidence relied on by Applicants

5. The Applicants have been the owners of a lot in strata scheme SP 74896 since February 2020. They live in the apartment for about a third of the year, spending the rest of their time at their Mudgee property.

6. Prior to purchasing their lot, they inspected numerous apartments in the City Quarter Complex. They say that on all occasions they noticed owners and their dogs moving in and out of buildings, other than “the Terraces”. (This is a reference to the townhouses forming part of the Coty Quarter Complex, where lot…