Singh v Owners of Strata Plan 11723

Singh v Owners of Strata Plan 11723 concerned a dispute between a lot owner, Mr Singh, and the owners corporation of his strata scheme. Mr Singh sought orders to restrain the owners corporation from continuing to use a common property courtyard for the storage of rubbish bins, alleging this use was unlawful and constituted a nuisance. The matter came before Driver J in the Supreme Court of New South Wales.

The primary legal issues before the Court were whether the owners corporation's use of the common property courtyard for the storage of rubbish bins was authorised by the strata scheme's by-laws or the *Strata Schemes Management Act 2015* (NSW), and if not, whether such use constituted a nuisance for which Mr Singh was entitled to relief. The Court also considered the appropriate remedy if the use was found to be unlawful.

Driver J found that the owners corporation's use of the common property courtyard for the storage of rubbish bins was not authorised by the by-laws of the strata scheme, nor was it a lawful exercise of its powers under the *Strata Schemes Management Act 2015* (NSW). His Honour determined that the continuous and pervasive presence of the bins, and the associated odours and vermin, constituted a nuisance at common law. The Court applied the principles of nuisance, focusing on the unreasonable interference with Mr Singh's use and enjoyment of his lot.

Consequently, Driver J made orders restraining the owners corporation from continuing to use the common property courtyard for the storage of rubbish bins and ordered the owners corporation to pay Mr Singh's costs of the proceedings.