The Owners – Strata Plan No. 77109 v Gokani-Robins Pty Ltd [2023] NSWCATAP 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 77109 v Gokani-Robins Pty Ltd [2023] NSWCATAP 82 Hearing dates: 15 November 2022 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Ellis SC, Senior Member Decision: 1. The appeal is dismissed. 2. In respect of any application for costs, the following directions apply: a) The applicant for costs (costs applicant) is to file and serve any application, evidence and short submissions (not more than 5 pages) within 14 days from the date of these orders. b) The respondent to any costs application is to file and serve any evidence and submissions in reply (not more than 5 pages) within 21 days from the date of these orders. c) The costs applicant is to file and serve any submissions in reply within 28 days from the date of these orders. d) The submissions from the parties are to include submissions as to whether an order should be made dispensing with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: STRATA LAW – validity of by-law – s 139(1) Strata Schemes Management Act 2015 (SSMA), by-law must not be harsh, unconscionable or oppressive – operation of s 136(2) of the SSMA and relationship with ss 139(1) and 150 (power of Tribunal to declare by-law invalid) – by-law permitting carrying out of works determined by owners corporation in their "reasonable opinion", entry into the lot owner's property to carry out such works, obligation to indemnify for costs and deprivation of voting rights if amounts demanded are not paid. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law (NSW) Local Court Act 2007 (NSW) Strata Schemes Management Act 1996 (NSW) (repealed) Strata Schemes (Freehold Development) Act 1973 (NSW) (repealed) Strata Schemes Management Act 2015 (NSW) Cases Cited: Chief Commissioner of State Revenue v Benidorm Pty Ltd [2020] NSWCA 285; (2020) 184 NSWLR 232 Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pollard v RRR Corp Pty Ltd [2009] NSWCA 110 The Owners of Strata Plan 63731 v B&G Trading Pty Ltd [2020] NSWCATAP 202 White v Betalli (2006) 66 NSWLR 690; [2006] NSWSC 537 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No. 77109 (Appellant) Gokani-Robins Pty Ltd (Respondent) Representation: Counsel: J Knackstredt (Appellant) A Gokani, Solicitor (Respondent)