Bruce v Knight (No 2) [2021] NSWCATAP 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bruce v Knight (No 2) [2021] NSWCATAP 254 Hearing dates: On the papers Date of orders: 31 August 2021 Decision date: 31 August 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member A Boxall, Senior Member Decision: 1. A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The respondents are to pay the appellants' costs of the appeal (2021/00056122) as agreed or as assessed. 3. The respondents are to pay the appellants' costs' of the proceedings at first instance (SC 20/26294) as agreed or as assessed. Catchwords: LAND LAW – strata title – common property – common property rights by-law – whether unreasonable refusal to consent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 60(3) Cases Cited: Bruce v Knight [2021] NSWCATAP 224 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 914 Gelder v The Owners – Strata Plan 38308 [2021] NSWCATAP 109 Category: Costs Parties: Anthony Bruce, First Appellant The Owners – Strata Plan 208, Second Appellant Alexander Knight and Cleo Knight (Respondents) Representation: Solicitors: Sachs Gerace Lawyers, Appellants Strata Title Lawyers, Respondents File Number(s): 2021/00056122 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 21 January 2021 Before: S Thode, Senior Member File Number(s): SC 20/26294