Bell v Butterfield [2020] NSWCATAP 271

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bell v Butterfield [2020] NSWCATAP 271 Hearing dates: 13 October 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Appeal Panel Before: P Durack, Senior Member M Gracie, Senior Member Decision: 1. The appeal is allowed. 2. The order made on 18 June 2020 is set aside. 3. The proceedings are remitted to a differently constituted Tribunal for a new hearing and redetermination of the application in accordance with the evidence already adduced to the Tribunal and such further evidence as the Tribunal may allow. Catchwords: LAND LAW — Strata title - Strata Schemes Management Act 2015 - use or enjoyment of common property and lot – video cameras installed by lot owner inside lot, not on common property - no finding that interference by appellant was unreasonable under s 153 (1) Strata Schemes Management Act 2015 - question of law - nuisance - absence of reasons. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Federal Commission of Taxation v Trail Brothers Steel & Plastics Pty Ltd [2010] FCAFC 94; (2010) 186 FCR 410 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134. Texts Cited: None cited Category: Principal judgment Parties: Philip Bell (Appellant) Valerie Butterfield (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): AP 20/30136 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 June 2020 Before: K Ross, Senior Member File Number(s): SC 20/14468