Laws v The Owners – Strata Plan 97230 [2022] NSWCATCD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Laws v The Owners – Strata Plan 97230 [2022] NSWCATCD 131 Hearing dates: 26 July 2022 Date of orders: 11 August 2022 Decision date: 11 August 2022 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: 1. The application to remove Mr Leis from his position on the strata committee is dismissed. 2. Pursuant to s 149 of the Strata Schemes Management Act 2015 the Tribunal prescribes the making a common property rights by-law in and to the effect of the by-law referred to in motion 14 in the minutes of the annual general meeting of SP 97230 on 23 September 2021, a true copy of which is annexed to these orders. 3. The Owners Corporation is to ensure that the common rights by-law is registered in accordance with s 246 of the Strata Schemes Management Act 2015. Catchwords: STRATA SCHEMES – Whether a member of the committee should be removed from office, whether the Owners Corporation has unreasonably refused to make a By-law permitting the installation of solar panels on common property Legislation Cited: Strata Schemes Management Act 2015 Cases Cited: Ainsworth v Albrecht [2016] HCA 40 Capcelea v The Owners-Strata Plan No 48887 [2019] NSWCATCD 27 Charitable Islamic Association of Beirut City Incorporated v The Owners-Strata Plan No 75506 [2019] NSWCATCD Endre v The Owners - Strata Plan no. 17771 [2019] NSWCATAP 93 Fong v The Owners – Strata Plan 82783 [2022] NSWCATCD McCann v Owners SP 11318 [1998] NSWSSB 44 Milman v Owners SP 1389 [2005] NSWCTTT 196 Owners Corporation SP 7596 v Risidore & Ors [2003] NSWSC 966 Owners SP 69140 v Drewe [2017] NSWSC 845 Owners SP 69481 v Want [2013] NSWCTTT 440 Category: Principal judgment Parties: Rosamond Laws (Applicant) The Owners - Strata Plan 97230 (First Respondent) Peter Leis (Second Respondent) Representation: Applicant (self-represented) J Schoonbeck (First Respondent) Second Respondent (self-represented) File Number(s): SC22/00115 Publication restriction: Nil