The Owners - Strata Plan No. 56587 v White [2021] NSWCATCD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No. 56587 v White [2021] NSWCATCD 67 Hearing dates: 28 January 2021 Date of orders: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The respondent is to cause her two dogs to be removed, and to be kept away, from the land comprising the lots and common property in SP56587 by 29 February 2021. Catchwords: LAND LAW — Strata title — by-laws - application for order for removal of two dogs not permitted under by-laws Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 Van Son v Forestry Commission of New South Wales (1995) 6 BPR 13,945 Texts Cited: None cited Category: Principal judgment Parties: The Owners - Strata Plan No. 56587 (Applicant) Tanya Jane White (Respondent) File Number(s): SC 20/20146 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. In these proceedings the applicant The Owners - Strata Plan No 56587, which is the owners corporation responsible for the management of the strata scheme related to strata plan no 80877 (SP56587) seeks an order under the Strata Schemes Management Act 2015 (NSW) (SSM Act) against the respondent Tanya Jane White for the removal of her two dogs. 2. I have decided to make an order under s 156(1) of the SSM Act that the respondent is to cause her two dogs to be removed, and to be kept away, from the land comprising the lots and common property in SP56587 by 29 February 2021.