NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sorrenson v Versluis [2023] NSWCATCD 151 Hearing dates: 7 September 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) The respondent shall remove the structure comprised of acoustic panels constructed on Lot 8 in Community Association DP 270312, to the extent that it is constructed within the semi-rural or open space zone of Lot 8, within two months from the publication of these reasons for decision. Catchwords: LAND LAW – Community title – Community Scheme Duties owed by proprietors – Compliance with by-laws - By-laws requiring consent to the erection of new structures – By-laws requiring landscaping and structures to comply with Design Guidelines – Respondent erected acoustic barrier on boundary of his lot without the consent of the Community Association – Whether barrier erected in breach of by-laws – Whether by-laws harsh, unconscionable or oppressive – Community Land Management Act 2021 s 128 contemplates that, in the interests of preserving the ambience and amenity of the community association, restrictions may be imposed by the by-laws of a community association upon the manner and extent to which lot owners in a community association may utilise their property. Legislation Cited: Community Land Management Act 1989 (NSW) Community Land Management Act 2021 (NSW), ss 127, 128, 130, 131, 140 Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2016 (NSW) Cases Cited: Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250; 103 NSWLR 160 Gawler & Barossa Jockey Club v Gawler Town Corporation (1995) 64 SASR 598 O'Brien v Shire of Rosedale [1969] VR 112 Texts Cited: The Macquarie Dictionary The New Shorter Oxford Dictionary Category: Principal judgment Parties: Colin Sorrenson (Applicant) Pieter Versluis (Respondent) Community Association DP 270312 (Other Party) Representation: File Number(s): CL 23/21655 Publication restriction: NIL
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