Gisks v The Owners - Strata Plan No. 6743 [2021] NSWCATCD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gisks v The Owners - Strata Plan No. 6743 [2021] NSWCATCD 14 Hearing dates: 17 May 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The proceedings are dismissed. Catchwords: LAND LAW — Strata title — Owners corporation — Application for the approval of works and a common property rights by-law – Whether the owners corporation unreasonably refused its consent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Endre v The Owners - Strata Plan No. 17771 [2019] NSWCATAP 93 Owners Corporation Strata Plan 7596 v Risidore & Ors [2003] NSWSC 966 The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 845 Category: Principal judgment Parties: Martin Gisks (Applicant) The Owners - Strata Plan No. 6743 (Respondent) File Number(s): SC 21/07549 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. In these proceedings the applicant, Martin Gisks, who is the owner of lots 5 and 25, seeks an order for the approval of, and an order with respect to common property rights by-law with respect to, the installation of solar panels on the roof of his garage (the proposed works) which is lot 25 under the Strata Schemes Management Act 2015 (NSW) (SSM Act) against the respondent, The Owners - Strata Plan No 6743, which is the owners corporation responsible for the management of the strata scheme related to strata plan no 6743 (SP6743). 2. I have decided that the proceedings should be dismissed.