EKG Pastries Pty Ltd v The Owners – Strata Plan No. 87145 [2022] NSWCATCD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EKG Pastries Pty Ltd v The Owners – Strata Plan No. 87145 [2022] NSWCATCD 65 Hearing dates: 25 February 2022 Date of orders: 01 June 2022 Decision date: 01 June 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) Pursuant to ss 136(2) and 150(1) of the Strata Schemes Management Act 2015 By-Law 29 of Strata Plan 87145 is declared invalid on and from 16 May 2018 being the date it was purportedly made. (2) Before 1 July 2022, The Owners – Strata Plan 87145 must: (a) obtain a certified copy of order 1 of these orders from the NCAT Registrar; (b) lodge that certified copy of order 1 with the Registrar General NSW Land Registry Services; (c) do all other things necessary to ensure that order 1 is recorded on the common property title of Strata Plan 87145. (3) Any application for costs is to be made by 10 June 2022. Any such application is to be supported by submissions limited to not more than 5A pages in not less than 11 point font. (4) Any reply to any application for costs is to be made by 24 June 2022. Any such reply is to be supported by submissions limited to not more than 5A pages in not less than 11 point font. Catchwords: LAND LAW — Strata title — By-laws —​​​​​​​ By-law levying on contributions contrary to s 83(2) —​​​​​​​ Ultra vires —​​​​​​​ Declaration of invalidity Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: The Owners Strata Plan No. 60919 v Consumer Trader and Tenancy Tribunal & Ors [2009] NSWSC 1158 The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186 Texts Cited: Nil Category: Principal judgment Parties: EKG Pastries Pty Ltd (Applicant) The Owners – Strata Plan No. 87145 (Respondent) Representation: Bannermans Lawyers (Applicant) Strata Specialist Lawyers (Respondent) File Number(s): SC 21/42016 Publication restriction: Nil