Gokani-Robins Pty Ltd v The Owners – Strata Plan No 77109 [2022] NSWCATCD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gokani-Robins Pty Ltd v The Owners – Strata Plan No 77109 [2022] NSWCATCD 164 Hearing dates: 12 April 2022 Date of orders: 08 August 2022 Decision date: 08 August 2022 Jurisdiction: Consumer and Commercial Division Before: K George, General Member Decision: 1. Pursuant to section 150(1) of the Strata Schemes Management Act 2015, Special By-Law 17 is declared to be invalid on and from 14 July 2020 on the basis that it is harsh, unconscionable or oppressive. 2. Before 8 September 2022, The Owners – Strata Plan No 77109 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 77109 3. The application is otherwise dismissed. Catchwords: Strata Schemes Management Act – validity of by-law – harsh, unconscionable or oppressive – inconsistent with legislation – without power – severability Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law Application Regulation 2015 (NSW) Local Court Act 2007 (NSW) Local Court Rules 2009 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Scheme Management Act 2015 (NSW) Cases Cited: Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd 148 ALR 339 Cooper v The Owners – Strata Plan No 58068 [2020] NSW CA 250 Liu v Owners Corporation SP 90189 and 91684 [2021] NSWCATCD The Owners - Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202 The Owners of Strata Plan No 3397 v Tate [2007] NSWCA 207 White v Betalli [2006] NSWSC 537 Yoolee Holdings Pty Limited v The Owners – Strata Plan No 91157 [2019] NSWCATCD Category: Principal judgment Parties: Gokani-Robins Pty Ltd and KCG Investments Pty Ltd (Applicants)