Kaye v The Owners – SP 4350 [2022] NSWCATAP 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaye v The Owners – SP 4350 [2022] NSWCATAP 173 Hearing dates: 29 March 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member E Bishop, Senior Member Decision: 1. The orders of the Tribunal made on 29 November 2021 in matter SC 20/47052 are confirmed. 2. The parties are directed to file and serve submissions as to costs within 14 days setting out the relevant costs rule and the reasons why they say they are entitled to costs. 3. The parties may respond to the other's submissions within a further 14 days. Catchwords: LAND LAW – Strata schemes – Proposed common property rights by-law – Whether unreasonably refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 80, 81 Strata Schemes Management Act 2015 (NSW) – ss 126, 149, 232 Cases Cited: Capcelea v The Owners – Strata Plan No 48887 [2019] NSWCATCD 27 Drivas v Burrows [2014] NSWCATAP 87 Weal v Bathurst City Council [2000] NSWCA 88; (2000) 111 LGERA 181 Category: Principal judgment Parties: Adam Emery Kaye (First Appellant) Bella Rebecca Kaye (Second Appellant) Robert George Kaye (Third Appellant) The Owners – SP 4350 (Respondent) Representation: Counsel: D Knoll AM (Appellants) M Isaacs (Respondent)

Solicitors: Strata Specialist Lawyers Appellants Kerin Benson Lawyers (Respondent) File Number(s): 2021/00363291 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2021] NSWCATAD Date of Decision: 29 November 2021 Before: G Sarginson, Senior Member File Number(s): SC 20/47052