Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31 Hearing dates: 24 February 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: The application is dismissed. Catchwords: LAND LAW — Strata title — Alteration of common property — Minor renovations — Removal of committee member Legislation Cited: Strata Schemes Management Act 2015 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Endre v The Owners- Strata Plan No 17771 NSWCATAP 93 Texts Cited: Nil Category: Principal judgment Parties: Wayne William Stocker (Applicant) The Owners- Strata Plan No. 6622 (First Respondent) Peter Hartley (Second Respondent) Representation: Counsel: A D Justice

Solicitors: Jackson Solicitors (First Respondent) Trisley Lawyers (Second Respondent) File Number(s): SC 21/25032 Publication restriction: Nil

REASONS FOR DECISION

Application 1. The applicant is the owner of 3 lots in the strata scheme SP 6622 known as Belmont Towers. The respondents to the application are the Owners – Strata Plan No. 6622 (the Owners Corporation) and Peter Hartley, who is the owner of lot 7 in the strata scheme and an elected member of the strata committee. 2. Mr Stocker seeks the following orders: 1. An order under s 132 of the Strata Schemes Management Act 2015 (the SSMA) to have Mr Hartley return the common property to the condition it was in before Mr Hartley removed a section of the common property wall to install a bookcase 2. An order under s 24 of the SSMA that the retrospective approval of the bookcase given by the Owners Corporation on 25 February 2021 is invalid, on the basis that the motion was carried as an ordinary resolution in circumstances where a special resolution was required, and 3. An order under s 238 of the SSMA removing Mr Hartley from the strata committee. 1. The respondents each oppose the orders sought.