Butt v The Owners - Strata Plan No 71715 [2023] NSWCATCD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Butt v The Owners - Strata Plan No 71715 [2023] NSWCATCD 138 Hearing dates: 15 August 2023 Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. The application is dismissed. 2. Costs are reserved. 3. If the respondents seek costs, they should file and serve submissions on or before 08 November 2023. 4. The applicant may respond on or before 22 November 2023. 5. The respondents may reply on or before 29 November 2023. 6. Submissions are to be limited to 5 pages and must identify the relevant costs rule. 7. The Tribunal proposes to determine the issue of costs on the papers and without a hearing. If either party opposes that course they should address that issue in their submissions. Catchwords: STRATA SCHEMES - STRATA TITLES – meaning and scope of s 232 of the Strata Schemes Management Act 2015 (NSW) Legislation Cited: Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW), ss 9(1), 9(2)(b), 141, 146, 150, 242, 232, 237 Protection of the Environment Operations Act 1997 (NSW), s 268 Cases Cited: The Owners – Strata Plan No 70871 v Turek [2022] NSWCATAP 83 Vickery v The Owners- Strata Plan No 80412 [2020] NSWCA 284 Walsh v The Owners- Strata Plan No 10349 [2017] NSWCATAP 230 Category: Principal judgment Parties: Paul Thomas Butt, applicant The Owners - Strata Plan No 71715, First Respondent John O'Donnell, Second Respondent Representation: Counsel: