The Owners - Strata Plan No.31534 v Nikiforova-Grigorieva

The Owners - Strata Plan No.31534 (the Owners Corporation) brought proceedings against Ms. Nikiforova-Grigorieva concerning alleged breaches of the Owners Corporation's by-laws. The dispute centred on the Owners Corporation's claim that Ms. Nikiforova-Grigorieva had breached by-laws relating to noise and the use of common property. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The primary legal issue before the Tribunal was whether Ms. Nikiforova-Grigorieva had breached the by-laws of the Owners Corporation, specifically those prohibiting unreasonable noise and regulating the use of common property. The Tribunal was required to determine if the conduct complained of constituted a breach of these by-laws and, if so, what orders should be made.

Judge Nicholls found that Ms. Nikiforova-Grigorieva had breached the by-laws. The Tribunal considered evidence of noise emanating from the respondent's lot and the respondent's use of common property, including the storage of items. The Tribunal applied the principles of statutory interpretation to the Owners Corporation's by-laws, determining that the respondent's actions fell within the scope of the prohibited conduct. The Tribunal noted that the by-laws were designed to ensure the peaceful enjoyment of lots and common property by all owners and occupiers.

The Tribunal ordered Ms. Nikiforova-Grigorieva to cease the conduct constituting the breaches and to pay a penalty of $100 for each of the two breaches found. The Tribunal also ordered that Ms. Nikiforova-Grigorieva pay the Owners Corporation's costs.