The Community Association - DP No 270193 v Dib [2022] NSWCATCD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Community Association - DP No 270193 v Dib [2022] NSWCATCD 194 Hearing dates: On the papers Date of orders: 06 October 2022 Decision date: 06 October 2022 Jurisdiction: Consumer and Commercial Division Before: S Thode, Adjudicator Decision: 1. The respondent Georgette Dib shall on or before 5 December 2022 remove the unauthorised pergola and all related work on the lot that have been installed without the approval of the applicant Community Association – DP 270193 and return the outside of the lot to its original condition and state. Catchwords: Community Association - unauthorised works Legislation Cited: Community Land Management Act 1989 Civil and Administrative Tribunal Act 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Challister Limited v Blacktown City Council (1992) 76 LGRA 10; Community Association DP 270158 v O'Neill [2018] NSWCAT CD 26; Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd & Ors [2010]; NSWCA 214; Donald Crone & Associated Pty Ltd v Council of the City of Bathurst & Ors, 19 October 1988, unreported; Marjen Pty Ltd v Coles Supermarkets Australia Pty Ltd (1996) 90 LGERA 363 Owners Corporation SP 68751 v Community Association DP 270281 [2015] NSWCAT CD 99; Category: Principal judgment Parties: The Community Association DP No 270193 (Applicant) Georgette Dib (Respondent) Representation: P Ton, Grace Lawyers (Applicant) A Whealy, Mills Oakley (Respondent) File Number(s): SCS 21/49005 Publication restriction: Nil