Nguyen v Body Corporate Strata Plan No 34299

The dispute in *Nguyen v Body Corporate Strata Plan No 34299* concerned the interpretation of a by-law of a strata scheme and its application to the appellant, Mr. Nguyen. Mr. Nguyen had erected a structure on his lot which the respondent, the Body Corporate, alleged was in breach of by-law 15. The matter came before the Supreme Court of New South Wales, Court of Appeal.

The central legal issue before the Court of Appeal was whether Mr. Nguyen's structure constituted a breach of by-law 15, which prohibited the erection of any "building or other structure" on a lot without the prior written consent of the Body Corporate. The Court was required to determine the scope of the term "building or other structure" within the context of the strata scheme's by-laws and the relevant strata legislation.

The Court reasoned that the ordinary meaning of "building or other structure" encompassed the object erected by Mr. Nguyen. It applied the principle that by-laws under the *Strata Schemes (Freehold Development) Act 1973* (NSW) are to be interpreted according to their plain and ordinary meaning, unless the context requires otherwise. The Court found that the structure, being a substantial and permanent addition to the lot, fell within the ordinary meaning of the terms used in the by-law. The Court also considered the purpose of such by-laws, which is to regulate the use and appearance of lots within a strata scheme for the benefit of all owners.

The Court of Appeal found that Mr. Nguyen had breached by-law 15 and ordered that he remove the offending structure.