Lyon v The Owners – Strata Plan No 11045 [2023] NSWCATCD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lyon v The Owners – Strata Plan No 11045 [2023] NSWCATCD 31 Hearing dates: 17 February 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Consumer and Commercial Division Before: M Deane, Senior Member Decision: (1) The Owners – Strata Plan No 11045 is to take all necessary steps to require the owner of Lot 31 to comply with Special By-law 14; that is, by requiring the owner of Lot 31 to reduce the height of the pergola to 2.7 metres measured from the concrete surface of the courtyard to Lot 31. (2) The Owners – Strata Plan No 11045 is to comply with order 1 within 6 months of the date of these orders. (3) The Owners – Strata Plan No 11045 is to arrange for the cleaning of the wall above the pergola at lot 31 and below the windows of lot 35 within 2 months of the date of this order. (4) Ben Swanson is removed as the second respondent. (5) Either party may file and serve written submissions of not more than 5 pages within 14 days of the date of this decision seeking an order in relation to the costs of the proceedings. (6) If either party files submissions in accordance with order (5), the other party may file submissions in response within a further 14 days. (7) Any submissions filed in accordance with orders (4) and (5) must address the question whether the question of costs may be determined on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) Catchwords: LAND LAW — Strata title — Common property — By-laws Legislation Cited: Strata Schemes Management Act 2015 Cases Cited: Bate v The Owners-Strata Plan No SP 60549; Birdsall v Bate [2018] NSWCATCD 36 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Owners Corporation SP 22607 v Yang [2018] NSWCATCD 3 ('Yang'); The Owners – Strata Plan No 5319 v Price; Price v The Owners – Strata Plan No 5319 [2019] NSWCATCD 3 The Owners - Strata Plan No 68255 v Downs; Downs v The Owners - Strata Plan No 68255 [2021] NSWCATCD 34 The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35 Texts Cited: Nil Category: Principal judgment Parties: Suzanne Lyon (applicant) The Owners – Strata Plan No 11045 (first respondent) Representation: Solicitors: Applicant (self-represented) Bannerman Lawyers (First respondent) No appearance for second respondent File Number(s): SC22/39017 Publication restriction: Nil