Camilleri v The Owners – Strata Plan No. 4987 [2023] NSWCATCD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Camilleri v The Owners – Strata Plan No. 4987 [2023] NSWCATCD 99 Hearing dates: 16 May 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Consumer and Commercial Division Before: R. Alkadamani, Senior Member Decision: (1) Order that the application be dismissed. Catchwords: LAND LAW – Strata schemes – Proposed work by lot owner to common property – Whether owners corporation unreasonably refused to consent Legislation Cited: Strata Schemes Management Act 2015 (NSW) ss 108 – 111, 126 Cases Cited: Bruce v Knight [2021] NSWCATAP 224 Endre v The Owners – Strata Plan No. 1777 [2019] NSWCATAP 93 Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 Texts Cited: None Category: Principal judgment Parties: Rosa Camilleri and Sandra Peer (applicants) The Owners – Strata Plan No. 4987 Representation: Ms R Camilleri and Ms S Peer (applicants) Mr Hogg and Mr Siva (respondent) File Number(s): SC 23/10654 Publication restriction: None

REASONS FOR DECISION 1. The applicants are the owners of lot 14 in strata scheme SP 4987. The strata scheme is a residential building located at ** Albert Street, Strathfield. The respondent is the owners corporation (the OC). 2. The applicants bring these proceedings because they sought the OC's permission to undertake renovations to lot 14 which the OC refused to provide. It is common ground that the proposed renovations included structural works. The applicants rely on s 126 of the Strata Schemes Management Act 2015 (NSW) (the SSMA). 3. The Tribunal heard the application on 16 May 2023. 4. The applicants appeared and represented themselves. 5. The OC was represented by Mr Siva, a member of the strata committee, and Mr Hogg, the strata manager. 6. The applicants relied on a bundle of documents which was marked exhibit 1. It comprised emails with the strata agent, a structural engineer's report and various documents relating to renovation work which the applicants sought to undertake. 7. The OC relied on a bundle of documents which was marked exhibit A. It comprised notice of an extraordinary general meeting held on 20 July 2022, minutes of that meeting and an email.