The Owners - Strata Plan No. 568 v Levitin; Levitin v The Owners - Strata Plan No. 568 [2021] NSWCATCD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No. 568 v Levitin; Levitin v The Owners - Strata Plan No. 568 [2021] NSWCATCD 65 Hearing dates: 14 October 2020 Date of orders: 08 February 2021 Decision date: 08 February 2021 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: 1. The Tribunal prescribes the making of a by-law in the terms set out in Motion 17 and 'Special By-law 4" in the notice of the annual general meeting of The Owners-Strata Plan No 568 which occurred on 29 October 2019. 2. The Owners-Strata Plan No 568 are to forthwith do all acts and things necessary to register the By-law with the Registrar-General and bear the cost of registration. 3. The application by the owners corporation for the restoration of common property by the owners of Lot 2 of the strata scheme is dismissed. 4. The application by the owners of Lot 2 for compulsory appointment of a strata manager is dismissed. 5. Any costs application is to be made within 14 days of the date of this decision. Catchwords: LAND LAW — Strata title —Common property rights by-law — Whether proposed by-law unreasonably refused —​​​​​​​ Compulsory appointment of strata manager —​​​​​​​ Whether appointment should occur Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Capcelea v The Owners Strata Plan No 4887 [2019] NSWCATCD 27 Hoare v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45 Macey's Group Pty Ltd v The Owners-Strata Plan No 33591 [2020] NSWCATAP 7 Roseby v The Owners-Strata Plan No 2400 [2018] NSWCATCD 72 Smith v New South Wales Bar Association (1992) 176 CLR 256 The Owners Corporation Strata Plan No 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Texts Cited: Nil Category: Principal judgment Parties: Proceedings SC 20/10653: The Owners - Strata Plan No. 568 (Applicant) Stan Levitin (First Respondent) Doris Levitin (Second Respondent)