Coscuez International Pty Ltd v The Owners – Strata Plan No 46433; The Owners – Strata Plan No 46433 v Coscuez International Pty Ltd [2022] NSWCATCD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coscuez International Pty Ltd v The Owners – Strata Plan No 46433; The Owners – Strata Plan No 46433 v Coscuez International Pty Ltd [2022] NSWCATCD 201 Hearing dates: 19 October 2022 Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: In SC 22/20291: 1. Under s 149(1) of the Strata Schemes Management Act 2015, the Tribunal makes the common property rights by-law tabled by the applicant (Lot owner) at the meeting of the respondent (owners corporation) held on 25 July 2018. 2. Under s 246 of the Strata Schemes Management Act 2015, within 28 days (ie on or before 13 December 2022) the respondent is to do all things necessary to register that by-law. 3. Under s 150(1) of the Strata Schemes Management Act 2015: (a) Special By-Law 8 is declared invalid on and from 12 August 2014, being the date on which it was purportedly made, (b) Special By-Law 9 is declared invalid on and from 7 October 2015, being the date on which it was purportedly made, and (c) Special By-Law 10 is declared invalid on and from 25 July 2018, being the date on which it was purportedly made. 4. Under s 246 of the Strata Schemes Management Act 2015, within 28 days (ie on or before 13 December 2022) the respondent is to: (a) obtain a certified copy of order (3) from the Tribunal's Registrar, (b) lodge that certified copy with the Registrar General, NSW Land Registry Services, and (c) do all other things necessary to ensure that order 3 is recorded on the common property title of Strata Plan 464633. 5. Under s 229(a) of the Strata Schemes Management Act 2015, within 28 days (ie on or before 13 December 2022) the respondent is to: (a) amend the levy register for Lot 4 in the strata scheme to give effect to the Tribunal's decision in this application, including but not limited to Order 3; and (b) provide the applicant with a copy of that register for Lot 4. 6. Any submissions in support of an application for costs (not exceeding five pages), together with any supporting evidence, are to be filed and served by 29 November 2022. 7. Any submissions in response to any such application (not exceeding five pages), together with any supporting evidence, are to be filed and served by 13 December 2022. 8. Any submissions in reply (not exceeding two pages) are to be filed and served by 20 December 2022. 9. Any such submissions should indicate whether the party accepts that costs should be determined on the papers, ie without the need for a further hearing. In SC 22/20296: 1. The application is dismissed. 2. Any question of costs in relation to these proceedings is to be included in the submissions made in relation to costs in the related proceedings (SC 22/20291). Catchwords: LAND LAW - Strata title – whether proposed by-law unreasonably refused – whether by-laws are harsh, unconscionable, or oppressive Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60 Civil Procedure Act 2005 (NSW), s 98 Legal Profession Uniform Law 2014 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW), ss 9, 80, 81, 82, 83, 99, 135, 136, 137, 139, 149, 150, 229, 232 Strata Schemes Management Regulation 2016 (NSW), cls 36, 60 Cases Cited: Beckett v The Owners – Strata Plan No 74637 [2020] NSWCATCD Bruce v Knight [2021] NSWCATAP 225 Capcelea v The Owners Strata Plan No 48887 [2019] NSWCATCD 27 Casuarina Rec Club Pty Limited v The Owners – Strata Plan No 77971 [2011] NSWCA 159 Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 Coscuez International Pty Ltd v The Owners – Strata Plan No 46433 [2022] NSWCATAP 147 Endre v The Owners – Strata Plan No 17771 [2019] NSWCATAP 93 Gelder v The Owners – Strata Plan No. 38308 [2020] NSWCATAP 227 Gokani-Robins Pty Ltd v The Owners – Strata Plan No 77109 [2022] NSWCATCD, 8 August 2022 Macey's Group Pty Ltd v The Owners – Strata Plan No 33591 [2021] NSWCATAP 7 Precision Plastics Pty Ltd v Demir [1975] HCA 27 The Owners – SP No 91684 v Liu; The Owners – SP No 90189 v Liu [2022] NSWCATAP 1 The Owners – Strata Plan No 12289 v Donaldson [2019] NSWCATAP 213 The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 845 Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230 Texts Cited: Nil Category: Principal judgment Parties: In SC 22/20291: Applicant - Coscuez International Pty Ltd Respondent - The Owners – Strata Plan No 46433