The Owners - Strata Plan No 47383 v McCullum [2022] NSWCATAP 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 47383 v McCullum [2022] NSWCATAP 283 Hearing dates: 11 July 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member L Wilson, Senior Member Decision: 1. The appeal is dismissed. 2. Each party is to pay their own costs. Catchwords: LAND LAW — Strata title — By-laws – Whether installation of structure permitted by by-law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Strata Schemes Management Act 2015 (NSW) Strata Titles (Freehold Development) Act 1973 (NSW) (formerly Strata Titles Act 1973 (NSW)), ss 57, 58, 75, 77, Sch 1, by-law 16 Cases Cited: Hope v The Council of the City of Bathurst (1980) 144 CLR 1; [1980] HCA 16 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: The Owners - Strata Plan No 47383 (Appellant) Hugh James McCullum (Respondent) Representation: Solicitors: Bannermans (Appellant) BE Legal (Respondent) File Number(s): 2022/00035687 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 January 2022 Before: G Burton SC, Senior Member File Number(s): SC 21/32051