Williams v The Owners - Strata Plan No 3192

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Williams v The Owners – Strata Plan No 3192 [2018] NSWCATCD 77

Hearing dates:

7 November 2018

Date of orders:

23 November 2018

Decision date:

23 November 2018

Jurisdiction:

Consumer and Commercial Division

Before:

R C Titterton, Principal Member

Decision:

1. The application is dismissed.

 

2. Order (4) of the orders of 9 November 2018 is revoked.

 

3. The respondent is to file and serve any submissions as to costs by 7 December 2018.

 3. The applicants are to file and serve any submissions as to costs by 21 December 2018.

Catchwords:

STRATA SCHEMES - unreasonable refusal to make a common property rights by-law - failure to provide a written consent to the making of a Special By-Law

Legislation Cited:

Strata Schemes Management Act 1996 (NSW)
Strata Schemes Management Act 2013 (NSW)

Cases Cited:

CS Group (Australia) Pty Ltd v Hobby [2014] NSWCA 193
Fazlic v Milingimbi Community Inc [1982] HCA 3; 150 CLR 345
Fulham Partners LLC v National Australia Bank Ltd [2013] NSWCA 296
Gazebo Penthouse Pty Limited v Owners Corporation SP 73943 [2015] NSWCATCD 93
James v The Owners Strata Plan No. SP 11478 (No 4) [2012] NSWSC 590
Lee v Geray, [2015] NSWCATCD, 14 April 2015
Owners Corporation SP 32033 v Mullins [2015] NSWCATCD 23
Owners Corporation Strata Plan 7596 v Risidore [2003] NSWSC 966
Reen v Owners Corporation SP 300 [2008] NSWSC 1105
Reilly v The Owners, SP 18687 [2007] NSWCTTT 58
Yardy v Owners Corporation SP 57237 [2018] NSWCATCD 19

Category:

Principal judgment

Parties:

Julie Williams, Kent Williams and Rhiannon Williams (Applicants)
The Owners – Strata Plan No 3192 (Respondent)

Representation:

Solicitors:

  Mr J Blake (Applicants)
Mr J Bannerman (Respondent)

File Number(s):

SC 18/45254

Publication restriction:

Nil

REASONS FOR DECISION

Summary

1. The applicants seek an order pursuant to s 149 of the Strata Schemes Management Act 2013 (NSW) (the Act) that the respondent has unreasonably refused to make a common property rights by-law, and that a common property rights by-law be made and registered.

2. For the following reasons, the application is dismissed.

Background

3. There is some history to this matter.

4. In SC 18/37946, (the first substantive application), the applicants sought orders that:

• the respondent refrain from putting into effect a resolution purportedly made at a general meeting of the respondent on 31 May 2018 to alter the structure of the existing garage doors and the parts of the building to which the garage doors are attached;

• that the respondent convene a general meeting to consider the bylaw proposed by the applicants on 24 May 2018.

5. The applicants said they were asking for these orders as the respondent had proposed to alter the structure of garage doors so that the size of their garage, which one of the applicants (Ms Julie Williams) had owned since 1999, would be significantly reduced.

6. At the same time that the first substantive application was filed, interim application SC 18/37942 was also filed. In that matter, on 3 September…