Kaye v The Owners – Strata Plan No 4350

[2022] NSWSC 1386

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. LAND LAW — strata title — common property — two by-laws to obtain rights to exclusive use and enjoyment of common property — first proposal offered repairs and maintenance — second proposal offered monetary compensation — other lot owners concerned about noise, loss of privacy, lack of compensation, floodgates for applications — whether refusal of first proposal unreasonable under Strata Schemes Management Act 2015 (NSW), s 149(1) — Tribunal not required to weigh interests in determining whether refusal unreasonable — other lot owners entitled to have regard to own interests and rely on experience and beliefs
1. LAND LAW — strata title — Strata Schemes Management Act 2015 (NSW), s 149(2) — s 149(2) considerations addressed to whether to order making of by-law — proponents’ rights and expectations not to be weighed against other lot owners’ interests
1. COSTS — party/party — appeal from NCAT Appeal Panel — finding of special circumstances — no mandatory considerations — unsuccessful appeal and fact of legal representation permissible considerations — finding of complexity — Tribunal’s power to award costs absent special circumstances — Civil and Administrative Tribunal Act 2013 (NSW), ss 35, 60 — Civil and Administrative Tribunal Rules 2014 (NSW), rr 38 and 38A