Nowak v Pellicciotti

The proceedings in the case of Nowak v Pellicciotti were brought before the NSW Civil and Administrative Tribunal. The dispute involved a claim by the plaintiff, Nowak, against the defendant, Pellicciotti, who is an adjoining lot owner. The crux of the matter was that Nowak sought compliance with the by-laws of their strata scheme, which were designed to ensure that the noise levels on Pellicciotti's property did not interfere with Nowak's peaceful enjoyment of their own lot. Specifically, Nowak alleged that the noise generated by Pellicciotti's activities, including the installation of floor coverings, was sufficient to cause disturbance.

The legal issues before the tribunal centred on whether Pellicciotti's actions constituted a breach of the by-laws and if so, whether such a breach warranted a declaration of compliance. The tribunal had to determine the extent to which the by-laws were intended to mitigate noise disturbances and assess whether the floor coverings installed by Pellicciotti were adequate to prevent the transmission of noise that could disturb Nowak. This involved a careful analysis of the by-laws, the specific circumstances of the noise complaints, and the effectiveness of the floor coverings in question.

The tribunal dismissed Nowak's application, finding that there was insufficient evidence to establish that the floor coverings installed by Pellicciotti were inadequate in preventing the transmission of noise. The tribunal held that the by-laws did not explicitly require a certain level of soundproofing, and therefore, the mere installation of floor coverings was not sufficient to establish a breach of the by-laws. Additionally, the tribunal concluded that the noise levels did not reach a threshold that would be considered an interference with Nowak's peaceful enjoyment. Consequently, each party was ordered to bear their own costs.