Norman v The Owners Strata Plan No 60182

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Norman v The Owners Strata Plan No 60182 [2022] NSWCATCD 152

Hearing dates:

20 June 2022

Date of orders:

06 September 2022

Decision date:

06 September 2022

Jurisdiction:

Consumer and Commercial Division

Before:

G Bassett, General Member

Decision:

(1) The application is dismissed.

Catchwords:

LAND LAW — Strata title — By-laws

Legislation Cited:

Strata Schemes Management Act 2015 – Sections 90, 150, 232, 238

Civil and Administrative Tribunal Rules 2014 – rule 38

Cases Cited:

Cooper v The Owners Strata Plan No 58068 [2020] NSWCA 250

Guo v The Owners – Strata Plan No 70067 (No 2)

Vickery v The Owners Strata Plan No 80412 [2020] NSWCA 284

Category:

Principal judgment

Parties:

Alan Norman (Applicant)

The Owners – Strata Plan No 60182 (Respondent)

Representation:

Applicant (self-represented)

A Abbott (Respondent)

File Number(s):

SC 22/06031

Publication restriction:

Nil

REASONS FOR DECISION

Application and procedural history

1. On 8 February 2022, the lot owner applied for orders that:

1. the respondent pays for contributions for legal costs pursuant to section 90 of the Strata Schemes Management Act 2015 (“the Act”)

2. invalidate a by-law, under section 150 of the Act

3. resolve a dispute or settle complaints under section 232

4. remove a person from the strata committee or officer under section 238.

2. The matter came before the Tribunal for conciliation hearing on 4 March 2022. Some respondents were removed as parties. The usual directions were made for a contested hearing when the matter did not settle.

Evidence of the parties

3. The parties lodged 9 different lots of documents for hearing and gave oral evidence. All this material was considered in coming to this decision. The applicant relied on affidavits sworn 28 March 2022 and 11 July 2022. The respondent relied on affidavits sworn 3 May 2022, attached documents and written submissions. Oral evidence was given at hearing.

4. The applicant objected to special by-law 3 made in November 2006 which stated that owners must not carry out flooring works unless they complied with conditions, being owners must:

1. provide required documents, obtain approval, and insure flooring works

2. comply with works requirements

3. certify after completion and maintain flooring works

4. indemnify, and accept liability for, flooring works and acknowledge that in the case of a failure to comply, the owners could take remedial action.

5. In the affidavit of a senior strata manager, it was indicated the owner’s corporation registered a consolidated change of by-laws on 17 August 2021. Those consolidations incorporated the 2006 by-law 3.

6. By-law 3 was subject of extensive explanatory notes. It is not the purpose of the Tribunal to recreate all those notes here. Nevertheless, “certify” is stated to mean the owner must obtain certification of flooring works from an engineer nominated by the owner’s corporation. The word “maintain” meant to ensure all flooring works comply with “noise / impact isolation product equal or better than an Impact Insulation Class (IIC) rating of 57 (Impact Sound 150 140- 7:1998+717-2:1998)”.

7. Mr Norman alleged the by-law exceeded the…