Thomson v The Owners -Strata Plan No 87812 [2020] NSWCATAP 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thomson v The Owners -Strata Plan No 87812 [2020] NSWCATAP 132 Hearing dates: 11 June 2020 Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member J Kearney, Senior Member Decision: (1) Appeal allowed. (2) The order made on 13 February 2020 dismissing the application is set aside. (3) The proceedings are remitted to the Consumer and Commercial Division for reconsideration on the issue of whether the respondent unreasonably refused its consent to the work proposed to be carried out by the appellant on the common property( Remitted Issue). (4) At the remitted hearing in the Consumer and Commercial Division, the parties have leave to present further evidence on the Remitted Issue. Catchwords: STRATA SCHEMES – s 126(1)(a) Strata Schemes Management Act 2015- meaning of "other alterations to common property directly affecting the owner's lot". Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 (NSW) Cases Cited: Endre v The Owners -Strata Plan No. 17771 [2019] NSWCATAP 93. Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Murphy v Farmer (1988) 165 CLR 19 Texts Cited: None cited Category: Principal judgment Parties: Francine Thomson (Appellant) The Owners- Strata Plan No.87812 (Respondent) Representation: Solicitors: Appellant (Self Represented) Strata Title Lawyers File Number(s): AP 20/08424 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 February 2020 Before: S Sutherland, General Member File Number(s): SC19/39265