NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shaw v Euen [2023] NSWCATCD 68 Hearing dates: 15 June 2023 Date of orders: 29 June 2023 Decision date: 29 June 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) Dan Mei is added as a respondent to the application. (2) The respondent Lot Owner, Dan Mei, and occupant, Desmond Euen, must not cause or permit the smoking tobacco products in the courtyard of their Lot (Lot 7). Catchwords: LAND LAW – Strata title – nuisance – hazard - tobacco smoke transmission between lots Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), 44 Interpretation Act 1987 (NSW) – ss 34, 35 Smoke-free Environment Act 2000 (NSW) – ss 3, 6, 6A, Schedule 1 Strata Schemes Management Act 2015 (NSW) – ss 153, 241 Cases Cited: Briginshaw v Briginshaw [1938] 60 CLR 336 Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 Gisks v The Owners – Strata Plan No 6743; The Owners – Strata Plan No 6743 v Gisks [2019] NSWCATCD 44 Mirana Investments Pty Ltd and Ors v Coupe [2012] QCATA 187 Owners Corporation SP 49822 v May & Ors (Strata & Community Schemes) [2006] NSWCTTT 739 Pittman v Newport [2022] NSWCATCD 173 The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 Texts Cited: Nil Category: Principal judgment Parties: Haydn Shaw (Applicant)
Dan Mei (First respondent)
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