O’Riordan v Chu [2023] NSWCATCD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Riordan v Chu [2023] NSWCATCD 61 Hearing dates: 30 May 2023 Date of orders: 08 June 2023 Decision date: 08 June 2023 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, Senior Member Decision: 1. The application is dismissed. 2. If the respondent wishes to make a costs application, the respondent is to file and serve submissions and documents on the costs application by 14 days from the date of these orders. 3. If an application for costs is made by the respondent, the applicant is to file and serve submissions and documents on the costs application by 28 days from the date of these orders. 4. The respondent is to file and serve costs submissions in reply by 35 days from the date of these orders. 5. The costs submissions of the parties are to state whether the parties seek an oral hearing on the issue of costs, or consent to the costs application being determined on the papers in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 6. The Tribunal may determine it appropriate to deal with any costs application on the papers and without a further oral hearing. Catchwords: LAND LAW – strata title – obligations of owners and occupiers – By-Laws – Strata Schemes Management Act 1996 (NSW) s 153 - whether noise transmission creates a nuisance – exercise of discretion. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bayliss v Lea [1961] NSWLR1002 Cannell v Barton [2014] NSWCATCD 103 Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 Gisks v The Owners – Strata Plan No 6743 [2019] NSWCATCD 44 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Hargrave v Goldman (1963) 110 CLR 40 Sedleigh-Denfield v O'Callaghan [1940] AC 880 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 Category: Principal judgment Parties: Padraig Alan O'Riordan (Applicant) Yim Chu (Respondent) Representation: Counsel: R Coffey (Applicant)