Mackinnon v Greenway; Greenway v The Owners – Strata Plan No 49770 [2020] NSWCATCD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mackinnon v Greenway; Greenway v The Owners – Strata Plan No 49770 [2020] NSWCATCD 28 Hearing dates: 28 October 2020 Date of orders: 10 November 2020 Decision date: 10 November 2020 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: In SC 20/12439 1 The application is dismissed. In SC 20/26307 2 Order under section 150 of the Strata Schemes Management Act 2015 that special by-laws 34 and 35 are declared to be (and since the date of registration have been) harsh, unconscionable and oppressive. 3 Order the Owners Corporation SP 49770 to promptly to take all necessary steps to record the removal of special by-laws 34 and 35 pursuant to section 246 of the Strata Schemes Management Act 2015, such removal to be recorded as having operated on and 18 January 2015, being the date of registration. In both SC 20/12439 and SC 20/26307 4 Any application for costs is to be made by written submissions which are to the Tribunal and each other party on or before 19 November 2020. 5 Any written submissions in reply are to be provided to the Tribunal and each other party on or before 03 December 2020. 6 Any such submissions are to address the question of whether the party agrees that the question of costs can be decided "on the papers", ie without a hearing, pursuant to section 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: STRATA SCHEMES - Flooring - Validity of by-laws - Whether harsh, unconscionable or oppressive Legislation Cited: Strata Schemes Management Act 2015 Civil and Administrative Tribunal Act 2013 Cases Cited: Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 Gurram v Owners Corporation SP 36589 [2018] NSWCATCD 39 John Maait Properties Pty Ltd v The Owners - Strata Plan No 50396 [2019] NSWCATAP 26 Category: Principal judgment Parties: In SC 20/12439