Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142 Hearing dates: 24 June 2020 Date of orders: 16 July 2020 Decision date: 16 July 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member S Thode, Senior Member Decision: (1) The appeal is dismissed. (2) Each party shall pay their or its own costs. Catchwords: LANDLAW – Strata title – functions of owners corporation – consent to development application affecting common property – power of Tribunal to make an order requiring an owners corporation to give consent to a development application affecting common property – test to be applied in determining whether to make an order requiring an owners corporation to give consent to a development application affecting common property LANDLAW - Strata title – owners corporation – functions of owners corporation – issue of keys – whether the owners corporation of a mixed commercial and residential strata scheme should be directed to provide the owners of a commercial lot with keys giving access to utility meters and keys giving access to residential areas Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning & Assessment Act 1979 (NSW) Retail Leases Act 1994 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: AHB v HSW Trustee and Guardian [2017] NSWCATAP 79 Coulton v Holcombe (1986) 162 CLR 1 Director-General, Department of Finance and Services v Porter [2014] NSWCATAP 6 House v R (1936) 55 CLR 499 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 The Owners Strata Plan No 50411 v Cameron North Sydney Investments Pty Ltd (2003) NSWCA 5 Texts Cited: None cited Category: Principal judgment Parties: Pamir Gulyar Dehsabzi (First Appellant) Anita Dehsabzi (Second Appellant) The Owners - Strata Plan No 83556 (Respondent) Representation: Counsel: N Astill (Respondent)