The Owners – Strata Plan No 7704 v Kim [2023] NSWCATCD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 7704 v Kim [2023] NSWCATCD 39 Hearing dates: 1 March 2023 Date of orders: 22 May 2023 Decision date: 22 May 2023 Jurisdiction: Consumer and Commercial Division Before: R Alkadamani, Senior Member Decision: (1) Order pursuant to ss 232 and 241 of the SSMA that the respondent ensure that the floor space in lot 3 in the two bedrooms, hallways, living and dining room is covered or otherwise treated so as to be sound proofed to an extent sufficient to prevent the transmission from the lot 3 floor space of noise in excess of 50 LnT,w or noise otherwise likely to disturb the peaceful enjoyment of other lot owners (the Work). (2) The Work is to be carried out within 56 days of the date of these orders. Catchwords: LAND LAW – strata title – obligations of owners and occupiers – transmission of noise Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Strata Schemes Management Act 2015 (NSW), ss 110, 232, 241 Cases Cited: Felcher v The Owners – Strata Plan No 2738 [2017] NSWCATAP 219 Gao V Agonsti [2009] NSWCTTT 175 Texts Cited: None Category: Principal judgment Parties: The Owners – Strata Plan No 7704 (applicant) Jiwoo Kim (respondent) Representation: Mr A. Lewis (applicant)

No appearance for respondent File Number(s): SC 22/35110 Publication restriction: None

REASONS FOR DECISION 1. This is an application under the Strata Schemes Management Act 2015 (NSW) (SSMA) seeking relief in relation to alleged excessive noise emanating from one of the lots in the strata scheme. 2. The applicant is the owners corporation (the OC) of the strata scheme. The strata scheme is a residential building of 18 lots located at ** Meadow Crescent, Meadowbank, NSW. 3. The respondent is the owner of lot 3 in the strata scheme, which is the lot from which excessive noise is alleged to be emanating.