BNK Café Restaurant Pty Ltd v The Owners – Strata Plan No. 33676 [2023] NSWCATAP 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BNK Café Restaurant Pty Ltd v The Owners – Strata Plan No. 33676 [2023] NSWCATAP 161 Hearing dates: 2 February 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member M Deane, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: APPEALS - STRATA TITLE – by-laws – construction - terms of exclusive use by law - LAND LAW - alleged unreasonable refusal of consent by lot owners and owners corporation to proposed amendment – grounds of appeal not identified - no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Strata Schemes Management Act 2015 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Garofali v Moshkovich [2021] NSWCATAP 242 Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 The Owners of Strata Plan No 3397 v Tate [2007] NSWCA 207 Tudor Capital Australia Pty Limited v Christensen [2017] NSWCA 260 Texts Cited: Nil Cited Category: Principal judgment Parties: BNK Café Restaurant Pty Ltd (Appellant) The Owners – Strata Plan No 33676 (Respondent) Representation: Solicitors W van Ede Solicitor JS Mueller & Co (Appellant) J Bannerman Solicitor Bannerman Lawyers (Respondent) File Number(s): 2022/00346277 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: 2022 NSWCATCD [*] Date of Decision: 24 October 2022 Before: C Paull, Senior Member File Number(s): SC 21/51371 and SC 22/18081