The Owners - Strata Plan No. 58615 v Almin [2022] NSWCATCD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No. 58615 v Almin [2022] NSWCATCD 91 Hearing dates: 6 June 2022 Date of orders: 8 June 2022 Decision date: 08 June 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The proceedings are dismissed. Catchwords: LAND LAW — Strata title — Obligations of owners and occupiers – Whether the respondent has created a nuisance Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 Huang v The Owners Strata Plan 7632 t/as The Owners Strata Plan 7632 [2022] NSWSC 194 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134; (2020) 19 BPR 39,971 Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145 Vickery v The Owners Strata Plan 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284 Texts Cited: Nil Category: Principal judgment Parties: The Owners - Strata Plan No. 58615 (Applicant) Herlina Almin (Respondent) Representation: D Petkovich (Applicant) File Number(s): SC 22/04896 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. In these proceedings the applicant, The Owners – Strata Plan No 58615, which is responsible for the management of SP58615, seeks relief against the respondent, Herlina Almin, for breach of s 153 of the Strata Schemes Management Act 2015 (NSW) (SSM Act). 2. I have decided that the proceedings should be dismissed.