Turek v The Owners – Strata Plan No. 70871 [2021] NSWCATCD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turek v The Owners – Strata Plan No. 70871 [2021] NSWCATCD 79 Hearing dates: 30 March 2021 Date of orders: 03 August 2021 Decision date: 03 August 2021 Jurisdiction: Consumer and Commercial Division Before: C Paull, Senior Member Decision: Pursuant to s 131Strata Schemes Management Act 2015 the Tribunal grants the applicants the right to operate under the Licence submitted to the respondent at the Extraordinary General Meeting of 17 January 2020 subject to the terms and conditions of that Licence and the following conditions: 1. The term of the Licence is to be for 10 years commencing from the date of these orders taking effect. 2. The applicants are to pay the respondents a monthly licence of $50 during the term of the Licence and payable 1 month in advance. 3. The 2 bins the subject of the Licence are to conform with the document identified as Annexure A in the Licence. Catchwords: LAND LAW — Strata title — Grant of licence —— Reasonable use and enjoyment of Lot Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Michael Turek (First Applicant) Louise Turek (Second Applicant) The Owners - Strata Plan No. 70871 (Respondent) Representation: Counsel: JK Raftery (First and Second Applicant) J Bannerman (Respondent)

Solicitors: Hones Lawyers (First and Second Applicant) Bannermans Solicitors (Respondent) File Number(s): SC 19/19280 Publication restriction: Nil