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

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 Hearing dates: 5 February 2020 Date of orders: 03 June 2020 Decision date: 03 June 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member D Charles, Senior Member Decision: (1) The appellants' application for leave to rely on the proposed amended Notice of Appeal is allowed. (2) The appeal is dismissed. (3) The respondents are to lodge submissions and evidence in support of any costs application with the Appeal Registry and give them to the appellants within 14 days of the publication of these orders. (4) Any submissions and evidence in response to the costs application are to be lodged with the Appeal Registry and given to the respondents within 14 days thereafter. (5) Submissions on the application for costs are not to exceed five pages in length. (6) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course they should make submissions on this issue when complying with the directions as to their submissions on any substantive costs application should the respondents elect to pursue such application. Catchwords: LAND LAW – Strata Title – Claim of Nuisance – Strata Schemes Management Act 2015, s 153 –.Meaning of nuisance – proof of nuisance by noise transmission within Strata Scheme ­ Adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 53 80(2); cl 12(1) of Sch 4 Environment Operations Act 1997 (NSW) Strata Schemes Management Act 2015 (NSW), ss 153, 153(1)(a) Strata Schemes Management Act 1996 (NSW) Cases Cited: Bat Advocacy NSW Inc v Minster for Environment Protection, Heritage and the Arts (2011) LGERA 99, [2011] FCAFC 59 Bayliss v Lea [1961] NSWLR1002 Burnham v City of Mordialloc [1956] VLR 239; Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Cannell v Barton [2014] NSWCATCD 103 Denham v Consolidated Herd Improvement Services Co-Op Ltd [2014] VSC 520 Gisks v The Owners – Strata Plan No 6743 [2019] NSWCATCD 44 Hargrave v Goldman (1963) 110 CLR 40 Kassem v Minister for Home Affairs [2019] FCA 1196 Marsh v Baxter [2015] WASCA 169 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Quick v Alpine Nurseries Sales Pty Ltd [2010] NSWSC 1248 Robson v Leischke [2008] NSWLEC 152 Sedleigh-Denfield v O'Callaghan [1940] AC 880 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 Tickner v Chapman [1995] FCAFC 1726; (1995) 57 FCR 451 Torbey Investments Corporated Pty Ltd v Ferrara [2017] NSWCA 9 Weber v Greater Hume Shire Council [2018] NSWSC 667 Texts Cited: None cited Category: Principal judgment Parties: Mehdi Chehelnabi (First Appellant) Larissa Landinez (Second Appellant) Gourmet & Leisure Holdings Pty Ltd (First Respondent) Monkberry Moon Pty Ltd (Second Respondent) Representation: Counsel: I Chatterjee (Appellant)