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The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 — Strata Title — Barrister AI

The Owners Strata Plan No 2245 v Veney

[2020] NSWSC 134

Supreme Court of NSW

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Interrogate

Catchwords

1. Land Law
2. › strata title
3. › by-laws
4. › construction
5. › special by-law conferring right upon lot owner to use part of common property for parking
6. › whether right conferred in substitution for right of lot owner to park in existing parking lot
7. › use of extrinsic circumstances as an aid to construction
8. › cautionary approach
9. › special by-law construed so that right conferred is not in substitution for owner’s right to park in existing lot
1. Land Law
2. › strata title
3. › obligations of owners and occupiers
4. › whether parking by lot owner in parking lot causes a nuisance to other occupiers of lots
5. › inconvenience also caused by presence of gardens on common property
6. › parking on lot held not to amount to a nuisance
7. › not an unreasonable interference with the rights of other owners or occupiers of lots
8. › Strata Schemes Management Act 2015 (NSW), s 153(1)(a)

Case Details

Citation[2020] NSWSC 134

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 10 later cases that cite this judgment.

1 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by10

2025Kentwell v The Owners Strata Plan No 2056NSWCATCD 96
2023Vojkovic v SavvaNSWCATCD 141
2023Veney v The Owners – Strata Plan No 2245NSWCATAP 262
2023O'Riordan v ChuNSWCATCD 61
and 6 more after sign-in

Relies on6

2018EB 9 & 10 Pty Ltd v The Owners SP 934NSWSC 464
2007The Owners of Strata Plan No 3397 v TateNSWCA 207
1982Elston v DoreHCA 71
1963Hargrave v GoldmanHCA 56
and 2 more after sign-in

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