Zhang v Glykis [2020] NSWCATCD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhang v Glykis [2020] NSWCATCD 17 Hearing dates: 18 November 2019 Date of orders: 29 January 2020 Decision date: 29 January 2020 Jurisdiction: Consumer and Commercial Division Before: J Ringrose, General Member Decision: 1. The application is dismissed. 2. Each party is to bear their own costs. Catchwords: LAND LAW — Strata title — Strata Scheme — Noise transmission — Compliance with by-laws — Objective tests — Whether function conferred or imposed by legislation or by-laws — Floor coverings sufficient to prevent the transmission of noise likely to disturb the peaceful of another lot owner or occupier Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Curragh Coals Sales Co Pty Ltd v Wilcox [1984] FCR 46 Eales v Feletti [2018] NSWCATCD 66 Feletti v Eales [2019] NSWCATAP 100 Gao v Agosti [2009] NSWCTTT 175 George v Rockett [1990] 170 CLR 104 at 112 Hargrave v Goldman [1963] 110 CLR 40 Nowak v Pellicciotti [2018] NSWCATCD 9 Opera House Investments v Devon Buildings Pty Ltd [1936] 55 CLR 110 at 116 St Helen Melting Co v Tipping (1865) 11 HSC Texts Cited: Nil Category: Principal judgment Parties: Frances Zhang (Applicant) Peter Glykis (First Respondent) The Owners – Strata Plan No. 17572 (Second Respondent) Representation: Applicant (Self-represented) First Respondent (Self-represented) File Number(s): SC19/30449