Vojkovic v Savva

[2023] NSWCATCD 141

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Vojkovic v Savva [2023] NSWCATCD 141

Hearing dates:

16 October 2023

Date of orders:

27 October 2023

Decision date:

27 October 2023

Jurisdiction:

Consumer and Commercial Division

Before:

D Robertson, Senior Member

Decision:

(1)   The application is dismissed.

Catchwords:

LAND LAW – Strata title – Obligations of owners and occupiers – Keeping of pets – Nuisance – Whether barking of dog shown to constitute a nuisance or unreasonable interference with the enjoyment of another lot

LAND LAW – Strata title – Owners corporation – Strata committee – Whether respondent should be removed from the strata committee

Legislation Cited:

Strata Schemes Management Act 2015 (NSW) ss 54, 153, 158, 238

Cases Cited:

Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102

Linney v The Owners - Strata Plan No. 11669 [2021] NSWCATCD 123

Lockrey v Rosewall [2022] NSWCATCD 27

The Owners - Strata Plan No. 56587 v White [2021] NSWCATCD 67

Category:

Principal judgment

Parties:

Darko Vojkovic (Applicant)
Andrew Savva and Georgina Savva (Respondents)
The Owners – Strata Plan No 94579 (Other Party)

File Number(s):

SC 23/13745

REASONS FOR DECISION

Introduction

1. The applicant in these proceedings is an occupant of Lot 2 in Strata Plan No 94579, a multi-storey building in Brighton Le Sands. He states that his wife is the owner of Lot 2, but he brings these proceedings in his own right and not on behalf of his wife.

2. The applicant seeks orders against the respondents who are the owners of Lot 3.

3. Lots 2 and 3 are on the ground floor of the building and each has a courtyard at street level forming part of the lot.

4. The first order sought by the applicant is that, pursuant to s 238 of the Strata Schemes Management Act 2015 (NSW) (SSMA), Mr Savva be removed from the Strata Committee of Strata Plan No 94579.

5. The second order sought by the applicant is that, pursuant to s 158 of the SSMA, the respondents be required to take action to terminate a nuisance arising from the respondents keeping a dog on their lot.

6. The applicant filed a folder of documents on 29 May 2023. He filed a further bundle of documents on 12 October 2023 and, at the hearing, sought to file a further 11 pages constituted by two tax invoices issued to the owners corporation of Strata Plan No 94579 by JS Mueller & Co Lawyers on 28 April and 30 June 2023.

7. The respondents filed a bundle of documents on 15 June 2023.

8. All of the documents were admitted in evidence.

9. Each of the applicant and Mr Savva took an oath and verified the contents of the various statements contained in their bundles of documents. Each was given the opportunity to ask questions of the other.

10. Sections 158 and 238 of the SSMA provide:

158   Order for removal of an animal permitted under by-laws

(1)  The Tribunal may, on application by an interested person, make an order against…