The Owners - Strata Plan No 19341 v Dehlsen [2022] NSWCATCD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 19341 v Dehlsen [2022] NSWCATCD 208 Hearing dates: 9 September 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Jurisdiction: Consumer and Commercial Division Before: R Alkadamani, Senior Member Decision: 1. Pursuant to s 149 of the Strata Schemes Management Act 2015 the Tribunal prescribes the making of a common property rights by-law in and to the effect of the by-law referred to at exhibit 1, pages 153 - 157 inclusive. 2. Order the owners corporation to do all acts necessary to register the common property rights by-law referred to in the preceding order pursuant to s 246 of the Strata Schemes Management Act 2015 (NSW). 3. Order pursuant to s 132 of the Strata Schemes Management Act 2015 (NSW) that the respondent undertake within 3 months of the date of these orders the waterproofing of the planter boxes on lot 3 in accordance with the Respondent's Scope of Works as set out in paragraph 127 of this decision, apart from item 3. 4. If any party wishes to make any submissions as to costs then that party shall file and serve submissions not exceeding 5 pages within 21 days of the date of these orders, such submissions to also address whether a hearing on the papers is appropriate. 5. If any submissions are filed in accordance with the preceding order then the other party may file and serve any submissions in response, not exceeding 5 pages, within 35 days of the date of these orders, such submissions to also address whether a hearing on the papers is appropriate. Catchwords: STRATA SCHEMES – works by lot owner – whether work authorised – whether works caused water penetration STRATA SCHEMES - unreasonable refusal to make a common property rights by-law - failure to provide a written consent to the making of a Special By-Law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Category: Principal judgment Parties: The Owners – Strata Plan No 19341 (Applicant) Brian Charles Dehlsen (Respondent) Representation: Mr Bannerman (Applicant)